Chowdhury v Kenny [No 2]

The appellant, Chowdhury, appealed against his conviction and sentence for assault occasioning actual bodily harm. The appeal was heard in the Supreme Court of Victoria. Chowdhury had pleaded guilty to the charge but sought to have the conviction set aside on the basis of self-defence, which he raised for the first time on appeal. Additionally, Chowdhury argued that new evidence, which he sought to introduce, should be considered by the court.

The legal issues the court was required to decide were whether the conviction should be set aside given the late plea of self-defence, and whether the new evidence should be admitted. The court considered whether the principles of finality and final justice were paramount, or whether there were exceptional circumstances that warranted reconsideration of Chowdhury's plea and the introduction of new evidence.

The court held that the conviction should not be set aside as the plea of self-defence was raised for the first time on appeal. The court emphasised the importance of finality in criminal proceedings and the need to prevent unnecessary prolongation of litigation. The court further found that the new evidence was inadmissible as it was not available at the time of the original trial and its admission would undermine the integrity of the judicial process. The appeal was dismissed.

No specific orders were made beyond the dismissal of the appeal. The conviction and sentence for assault occasioning actual bodily harm remained in place.