How has the judge considered new evidence in a sexual assault case?
British Columbia, Canada
The following excerpt is from Kane v. Proffitt, 2018 BCCA 106 (CanLII):
None of the new evidence considered by the judge, which included additional oral and affidavit evidence from both parties of matters that arose after the trial and the second views of the child report, from which the judge made his own findings of fact, was subjected to an analysis of its admissibility pursuant to the legal test set out in Jens v. Jens, 2008 BCCA 392.
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