Where the Crown alleges at trial that an accused's documentary evidence is fabricated, and fresh evidence corroborating those documents is unobtainable at trial but subsequently obtained, the fresh evidence may be admitted on appeal under the Saleam principles even though its existence was known, provided its significance was not realised and it was not available to counsel in time. Time and place of offences, though not essential elements of the charges, may become practically essential to the Crown case by reason of the conduct of the trial, such that fresh evidence bearing on those matters can ground a finding of miscarriage of justice.
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