South Australian Current Acts South Australian Current Acts142—Meaning of fresh and compelling evidence
(1) For the purposes
of this Part, 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 retrial under this Part is not precluded from being
fresh or compelling just because it would not have been admissible in the
earlier trial of the offence resulting in the relevant acquittal.