Luo v The King

In Luo v The King, the appellants sought leave to appeal against their conviction for importing a commercial quantity of methamphetamine. The appeal is the second or subsequent appeal against the conviction, which was initially upheld in 2020. The appellants are required to demonstrate that their grounds for appeal identify fresh and compelling evidence or new and compelling evidence, within the meaning of s 35D of the Criminal Appeals Act 2004 (WA). The court was required to decide whether the evidence the appellants wished to present was fresh, new, and compelling, and whether their grounds for appeal had a reasonable prospect of success.

The court examined the evidence to determine whether it was fresh, new, or compelling. The court found that the evidence was not fresh or new, as it was available at the time of the trial and appeals. However, the court found that the evidence was compelling as it was highly probative in the context of the issues in dispute at the trial of the offence. The court also found that the appellants' grounds for appeal had a reasonable prospect of success. The court granted leave to appeal on the grounds that the evidence was fresh and compelling.

The court ordered a new trial and set aside the conviction of the offence. The court found that the evidence was compelling and that there was a reasonable prospect of success on the appeal. The court also found that the evidence established that the appellants were innocent on the balance of probabilities. The court ordered a new trial and set aside the conviction of the offence.