Does the presumptive rule or its exception control the result of the trial of the accused at the Superior Court of Justice?

To determine whether the presumptive rule or its exception should control the result, Lynch J. considered several factors: i. the existence or absence of new evidence; ii. the existence or absence of new arguments; iii. the merits of any new arguments that might be advanced; iv. any prejudice created by the inability to relitigate the issues; and v. the public interest in the timely and efficient trial of allegations of criminal offences.