Western Australian Current Acts Western Australian Current Acts (1) For the purposes
of this Part, evidence relating to an offence of which an offender was
convicted is fresh —
(a) if,
despite the exercise of reasonable diligence, the evidence was not and could
not have been tendered at the trial of the offence or any previous appeal; or
(b) if
—
(i)
the evidence was not tendered at the trial of the offence
or any previous appeal but, with the exercise of reasonable diligence, could
have been tendered at the trial of the offence or any previous appeal; and
(ii)
the failure to tender the evidence was due to the
incompetence or negligence of a lawyer representing the offender.
(2) For the purposes
of this Part, evidence relating to an offence of which an offender was
convicted is new if the evidence was not tendered at the trial of the offence
or any previous appeal but, with the exercise of reasonable diligence, could
have been tendered at the trial of the offence or any previous appeal.
(3) Despite subsection
(2), evidence is not new evidence if it is fresh evidence under subsection
(1)(b).
(4) For the purposes
of this Part, evidence relating to an offence of which an offender was
convicted is compelling if it is highly probative in the context of the issues
in dispute at the trial of the offence.
[Section 35D inserted: No. 18 of 2022 s. 4.]
[Heading inserted: No. 18 of 2022 s. 4.]