What is the legal test for admitting new evidence in a sexual assault case?

Alberta, Canada


The following excerpt is from Graff v. Alberta (Energy and Utilities Board), 2008 ABCA 119 (CanLII):

The well-known test for the admission of fresh evidence as set out in Palmer v. The Queen, 1979 CanLII 8 (SCC), [1980] 1 S.C.R. 759, 30 N.R. 181, requires that: (1) the evidence should not generally be admitted if, by due diligence, it could have been adduced at trial; (2) the evidence must bear 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) the evidence, if believed could reasonably, when taken with other evidence adduced at trial, be expected to have affected the result.

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