What is the test for adducing fresh evidence on appeal?
British Columbia, Canada
The following excerpt is from R. v. M. (R.L.), 1999 BCCA 205 (CanLII):
There is an application to adduce fresh evidence on appeal concerning this matter. In assessing that question, we of course apply the test set out the case of Palmer v. the Queen (1980), 1979 CanLII 8 (SCC), 1 S.C.R. 759. In the case at bar, I consider this evidence was something that could have influenced the verdict, and I accordingly would be prepared to admit the evidence that we now have concerning this matter as fresh evidence.
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