Non-disclosure of a Crown witness's receipt of sentencing leniency for police assistance is a matter relevant to credibility, but where the circumstantial evidence of guilt is strong, the additional credit material may not give rise to a significant possibility of acquittal sufficient to establish miscarriage of justice. The primary obligation of disclosure lies on the prosecution, but the defence's ability to discover the material with reasonable diligence remains relevant to whether it constitutes 'fresh' or merely 'new' evidence.
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