What is the test for admitting fresh evidence at the Court of Appeal of Appeal in a sexual assault case?

Section 683(1) of the Criminal Code gives courts of appeal the power to admit fresh evidence. The criteria for admitting such evidence is set out in Palmer v. The Queen, 1979 CanLII 8 (SCC), [1980] 1 S.C.R. 759. In that case, Mr. Justice McIntyre set out the criteria to be considered (at 775): (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: [citation omitted]. (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.