68KMeaning of fresh and compelling evidence—pt 8AA

68K Meaning of fresh and compelling evidence—pt 8AA (1) For this part, evidence against a person acquitted of an offence is fresh if the evidence— (a) was not tendered in the proceeding in which the person was acquitted of the offence; and

Important concepts Division 8AA.2 (b) could not, in the course of an exercise of reasonable diligence, have been tendered in the proceeding. (2) However, for this part, evidence against a person acquitted of an offence is not fresh if the evidence— (a) was, or was considered to be, inadmissible in the proceeding in which the person was acquitted of the offence; and (b) would, as a result of a change in the law on or after the person was acquitted of the offence, be admissible in a proceeding in which the person is retried for the offence. (3) For this part, evidence against a person acquitted of an offence is compelling if the evidence is— (a) reliable; and (b) substantial; and (c) highly probative of the guilt of the acquitted person in the context of the issues in dispute in the proceeding in which the person was acquitted.