102Fresh and compelling evidence—meaning

#### 102 Fresh and compelling evidence—meaning 102 Fresh and compelling evidence—meaning > > (1) This section applies for the purpose of determining under this Division whether there is fresh and compelling evidence against an acquitted person in relation to an offence. > > > (2) Evidence is fresh if— > > > > > (a) it was not adduced in the proceedings in which the person was acquitted, and > > > > > (b) it could not have been adduced in those proceedings with the exercise of reasonable diligence. > > > (3) Evidence is compelling if— > > > > > (a) it is reliable, and > > > > > (b) it is substantial, and > > > > > (c) in the context of the issues in dispute in the proceedings in which the person was acquitted, it is highly probative of the case against the acquitted person. > > > (4) Evidence that would be admissible on a retrial under this Division is not precluded from being fresh and compelling evidence merely because it would have been inadmissible in the earlier proceedings against the acquitted person. > > **ss 99–104:** Ins 2006 No 69, Sch 1 \[2\].