What is the test for an application to re-open a criminal case?
British Columbia, Canada
The following excerpt is from Brown v. Terins, 2016 BCSC 42 (CanLII):
The onus is on the party seeking to re-open to show that a miscarriage of justice would probably occur if the trial is not re-opened and that the new evidence would probably change the result; the wide discretion ought to be exercised sparingly and with great care: Hodgkinson v. Hodgkinson, 2006 BCCA 158 at para. 36. The application in this case is to re-open to introduce further expert evidence of doubtful consequence. The application to re-open is refused. In the result, the updated appraisal report is not admissible. Order
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