Western Australian Current Acts

CRIMINAL APPEALS ACT 2004 - SECT 35E

35E .         Second or subsequent appeal against conviction

        (1)         Subject to this Part, an offender convicted of an offence on indictment may bring a 2 ^nd or subsequent appeal to the Court of Appeal against conviction if —

            (a)         there is fresh and compelling evidence relating to the offence; or

            (b)         there is new and compelling evidence relating to the offence.

        (2)         Evidence is not precluded from being admissible on an appeal brought under this Part just because it would not have been admissible in the earlier trial of the offence resulting in the relevant conviction.

        [Section 35E inserted: No. 18 of 2022 s. 4.]

        [Heading inserted: No. 18 of 2022 s. 4.]