The requirement in R v Boag that an acceptable explanation for the absence of evidence at first instance must be provided before additional evidence is admitted on appeal is not a universal or inflexible rule; the touchstone remains whether admission is necessary to avoid a miscarriage of justice, and the strength of the additional evidence may justify its admission even without a full explanation. On Crown applications to withdraw acceptance of guilty pleas, the Crown must place proper evidence before the court including the underlying witness statements, not merely a police summary of facts. Where a plea has been accepted to a manifestly lesser charge that does not reflect the gravity of the offence, it is in the interests of justice to permit the Crown to withdraw its acceptance.
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