What are the principles to apply on an application to introduce fresh evidence on appeal?

British Columbia, Canada


The following excerpt is from R. v. Learn, 1997 CanLII 12477 (BC CA):

Counsel agree that the principles to be applied on an application to introduce fresh evidence on appeal are those established in Palmer and Palmer v. The Queen, [1980] 1 S.C.R. 759, 1979 CanLII 8 (SCC), 50 C.C.C. (2d) 193. Those principles are found at p.775 S.C.R.: (1) The evidence should generally not be admitted if, by due diligence, it could have been adduced at trial provided that this general principle will not be applied as strictly in a criminal case as in civil cases... . (2) The evidence must be relevant in the sense that it bears upon a decisive or potentially decisive issue in the trial. (3) The evidence must be credible in the sense that it is reasonably capable of belief, and (4) It must be such that if believed it could reasonably, when taken with the other evidence adduced at trial, be expected to have affected the result.

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