Can an application to introduce fresh evidence to support an allegation of sexual assault be successful?
Ontario, Canada
The following excerpt is from R. v. Sangster, 2021 ONCA 21 (CanLII):
I would allow the application to introduce fresh evidence. The evidence meets the requirements of the test in Palmer v. The Queen, 1979 CanLII 8 (SCC), [1980] 1 S.C.R. 759, at p. 775: it could not have been adduced at trial, it is relevant, it is credible, and it could reasonably be expected to have affected the result.
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