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(a) the verdict of the jury is unreasonable or cannot be supported having regard to the evidence; or
(b) as the result of an error or an irregularity in, or in relation to, the trial there has been a substantial miscarriage of justice; or
(c) for any other reason there has been a substantial miscarriage of justice (CPA 2009 s276(1)).
Footnotes:
[1] - In exceptional cases, it appears that the Court of Appeal may refuse leave to appeal even though the applicant can meet one of the appeal grounds under s276. The requirement in s276 to allow the appeal if the party establishes one of the appeal grounds only arises after the court has given leave to appeal. This may be necessary if allowing the appeal would be manifestly unjust (see R v GAM (No 2) (2004) 9 VR 640; [2004] VSCA 117 at [46] per Callaway JA).
Last updated: 14 February 2013