Quote Originally Posted by teecee View Post
That would be an attempt to introduce NEW evidence. You can't introduce new evidence at appeal. Basically you've had your day in court. Appeals and reviews are about whether you had a fair hearing and the verdicts are fair based on what evidence was provided at that hearing.

[VVV] There's the hook Teecee. Nobody has had a day in Court.
They've had their day before the JCA. The JCA is NOT a Court although it appears the precedent obsessed boffins who apparently inhabit its halls may periodically kid themselves into thinking otherwise.
The difference lies in the respective burdens of proof required.
The JCA's and for that matter the Australian regulatory system is roughly equivalent to that of a Civil Court...ie. the balance of probabilities....whereas a Criminal Court requires much more i.e. it requires beyond reasonable doubt. Given the judgement that I've read and attempted to understand and if the NZ Court system is basically equivalent to that of our own, I think there's a very good chance Lance & Co. will get this decision thrown out.
Beers on me when next you're in Oz if I am wrong. Flashing would have a better grip on the respective burdens of proof required. Does that sound about right Tahn?