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

In our view, the appellant fails to meet the requirements for the admission of fresh evidence set out in Palmer v. The Queen, 1979 CanLII 8 (SCC), [1980] 1 S.C.R. 759. The evidence could have been adduced at trial with due diligence; it does not bear upon a decisive or potentially decisive issue at trial; and although it is credible, taken with the other evidence, it could not reasonably be expected to have affected the result. Although the complainant’s evidence concerning the colour of the appellant’s pubic hair was inconsistent, the trial judge acknowledged and addressed the inconsistency, and there was ample evidence to support the appellant’s convictions.