What is the test for a fresh evidence to be introduced on an appeal?
British Columbia, Canada
The following excerpt is from R. v. Olimb, 1994 CanLII 2508 (BC CA):
3 The appellant sought to introduce fresh evidence on his appeal. We had the proposed fresh evidence put before us but reserved our decision as to whether the evidence would be permitted to be introduced until the conclusion of the argument. I am not persuaded that the application to adduce fresh evidence should be allowed for it does not meet the usual requirements that are set out in Palmer v. The Queen, 1979 CanLII 8 (SCC), [1980] 1 S.C.R. 759, (1979), 14 C.R. (3d) 22, 17 C.R. (3d) 34, 50 C.C.C. (2d) 193, 106 D.L.R. (3d) 212 in particular, the fourth criteria for admission.
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