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ACTAct
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s 68ZH

Orders on appeal against conviction

In force
Part 8ABAppeals against conviction for fresh and compelling evidence
Division 8AB.4Appeal against conviction

68ZH Orders on appeal against conviction

(1)

This section applies if the court grants leave under section 68ZG.

(2)

The court, on an appeal against a conviction or finding of guilt, may—

(a)

allow the appeal if it considers that—

(i)

there is fresh and compelling evidence; and

(ii)

after taking into account the fresh and compelling evidence, there has been a substantial miscarriage of justice; or

(b)

dismiss the appeal.

(3)

If the court allows the appeal, the court must—

(a)

set aside the conviction or finding of guilt; and

(b)

either order—

(i)

a verdict of not guilty to be entered; or

(ii)

a new trial or hearing.

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