Victorian Current Acts

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Meaning of fresh and compelling evidence

    (1)     For the purposes of this Chapter, evidence relating to an offence of which a person is acquitted is—

        (a)     "fresh" if—

              (i)     it was not adduced at the trial of the offence; and

              (ii)     it could not, even with the exercise of reasonable diligence, have been adduced at the trial; and

        (b)     "compelling" if—

              (i)     it is reliable; and

              (ii)     it is substantial; and

              (iii)     it is highly probative in the context of the issues in dispute at the trial of the offence.

    (2)     Evidence that would be admissible on a new trial under this Chapter is not precluded from being fresh or compelling only because it would not have been admissible in the earlier trial of the offence that resulted in the acquittal.

S. 327D inserted by No. 81/2011 s. 17.

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