New Evidence
Generally the new evidence must be fresh (i.e. not reasonably available at the time of trial): see Gallagher v R (1986) 160 CLR 392). In exceptional circumstances new evidence may be considered to prevent miscarriages of justice: R v Knowles [1984] VR 751; R v Mackay [2011] QCA 28.
In succeeding on appeal following the introducing fresh/new evidence it will generally be insufficient to assert that the new evidence establishes that the crime could not have been committed in the way alleged at trial (Stafford [1997] QCA 333).
In succeeding on appeal following the introducing fresh/new evidence it will generally be insufficient to assert that the new evidence establishes that the crime could not have been committed in the way alleged at trial (Stafford [1997] QCA 333).