Criminal Appeals Act 2004

Unless, under subsection (2) or (4), the Court of Appeal allows an appeal, it must dismiss the appeal.

The Court of Appeal must allow an appeal based on fresh and compelling evidence if it is satisfied there was a miscarriage of justice.

Despite subsection (2), even if 1 or more grounds might be decided in favour of the offender, the Court of Appeal may dismiss the appeal if it considers that no substantial miscarriage of justice has occurred.

The Court of Appeal must allow an appeal based on new and compelling evidence if it is satisfied on the balance of probabilities that, in light of all the evidence, the evidence establishes that the offender is innocent.

If the Court of Appeal allows the appeal, it must set aside the conviction of the offence and must —

order a new trial; or

enter a judgment, and deal with the offender in a manner, referred to in section 30(5)(b) to (e).

If the Court of Appeal orders a new trial under subsection (5)(a), section 34 applies, with any necessary modifications, as if the appeal had been brought under Part 3.

If the Court of Appeal enters a judgment under subsection (5)(b), section 30(6) applies, with any necessary modifications, as if the appeal had been brought under Part 3.