What is the test for new evidence in the context of criminal appeals?
British Columbia, Canada
The following excerpt is from Vlug (Re), 2018 LSBC 27 (CanLII):
The test for the admissibility of fresh evidence in the context of criminal appeals is set out in Palmer v. The Queen, 1979 CanLII 8 (SCC), [1980] 1 SCR 759: 1. The evidence should generally not be admitted if, by due diligence, it could have been adduced at trial; 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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