What is the test for introducing fresh evidence on appeal?
British Columbia, Canada
The following excerpt is from R. v. Horswill, 2018 BCCA 148 (CanLII):
The appellant submits that the evidence meets the components of the test for the introduction of fresh evidence on appeal, established in Palmer v. The Queen (1979), 1979 CanLII 8 (SCC), [1980] 1 S.C.R. 759 at 775: a) it could not have been adduced at trial with due diligence; b) it is relevant; c) it is credible, in the sense that it is reasonably capable of belief; and d) it could reasonably be expected to have affected the result at the trial.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for allowing evidence of legislative papers to be introduced into evidence on appeal? (British Columbia, Canada)
What is the test for a fresh evidence to be introduced on an appeal? (British Columbia, Canada)
What is the test for admitting fresh evidence at the Court of Appeal of Appeal in a sexual assault case? (British Columbia, Canada)
What are the principles to apply on an application to introduce fresh evidence on appeal? (British Columbia, Canada)
What is the test for "fresh evidence" on appeal? (British Columbia, Canada)
Does a decision of appeal from a master be appealed from the Court of Appeal of the Master? (British Columbia, Canada)
What is the standard of review under s. 59(1) of the Rules of Appeal Court of Appeal for a motion of appeal against the decision of a judge on a question of mixed fact and law? (British Columbia, Canada)
What is the standard of review for admitting fresh evidence in an appeal? (British Columbia, Canada)
Is a trial judge bound by the strict rules regarding the admissibility of fresh evidence in an appeal? (British Columbia, Canada)
What is the test for admitting fresh evidence on an appeal? (British Columbia, Canada)
