What is the test for a motion to file fresh evidence in a criminal case?
Ontario, Canada
The following excerpt is from R. v. Marzouk, 2021 ONCA 855 (CanLII):
Nonetheless, we would dismiss the motion to file fresh evidence. In our view, the evidence serves only to confirm the appellant’s rehabilitative prospects, the evidence of which was already before the trial judge. As such, it does not meet the test set out in R v. Palmer, 1979 CanLII 8 (SCC), [1980] 1 S.C.R. 759.
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