Criminal Appeals Act 2004

For the purposes of this Part, evidence relating to an offence of which an offender was convicted is fresh —

if, despite the exercise of reasonable diligence, the evidence was not and could not have been tendered at the trial of the offence or any previous appeal; or

if —

the evidence was not tendered at the trial of the offence or any previous appeal but, with the exercise of reasonable diligence, could have been tendered at the trial of the offence or any previous appeal; and

the failure to tender the evidence was due to the incompetence or negligence of a lawyer representing the offender.

For the purposes of this Part, evidence relating to an offence of which an offender was convicted is new if the evidence was not tendered at the trial of the offence or any previous appeal but, with the exercise of reasonable diligence, could have been tendered at the trial of the offence or any previous appeal.

Despite subsection (2), evidence is not new evidence if it is fresh evidence under subsection (1)(b).

For the purposes of this Part, evidence relating to an offence of which an offender was convicted is compelling if it is highly probative in the context of the issues in dispute at the trial of the offence.