New South Wales Consolidated Acts

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CRIMES (APPEAL AND REVIEW) ACT 2001 - SECT 100

Court of Criminal Appeal may order retrial-fresh and compelling evidence

100 Court of Criminal Appeal may order retrial-fresh and compelling evidence

(1) The Court of Criminal Appeal may, on the application of the Director of Public Prosecutions, order an acquitted person to be retried for a life sentence offence if satisfied that:
(a) there is fresh and compelling evidence against the acquitted person in relation to the offence, and
(b) in all the circumstances it is in the interests of justice for the order to be made.
(2) If the Court of Criminal Appeal orders an acquitted person to be retried, the Court is to quash the person’s acquittal or remove the acquittal as a bar to the person being retried for the offence (as the case requires).
(3) The Court of Criminal Appeal may order a person to be retried for a life sentence offence under this section even if the person had been charged with and acquitted of manslaughter or other lesser offence.
(4) The Court of Criminal Appeal cannot order a person to be retried for a life sentence offence under this section where the person had been charged with and acquitted of the life sentence offence but had been convicted instead of manslaughter or other lesser offence.



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