What is the test for admitting fresh evidence in a sexual assault case?

British Columbia, Canada


The following excerpt is from R. v. Evans, 2021 BCCA 360 (CanLII):

This court may receive fresh evidence where it considers it to be in the interests of justice. The four criteria to be considered, set out in Palmer v. The Queen, 1979 CanLII 8 (SCC), [1980] 1 S.C.R. 759 at 775, are well-established: (1) The evidence should generally not be admitted if, by due diligence, it could have been adduced at trial … (2) The evidence must be relevant in the sense that it bears upon a decisive or potentially decisive issue in the trial. (3) The evidence must be credible in the sense that it is reasonably capable of belief, and (4) It must be such that if believed it could reasonably, when taken with the other evidence adduced at trial, be expected to have affected the result.

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