Fresh evidence going solely to the credit of a prosecution witness will almost never be sufficient to make out a fresh evidence ground; it would have to be an exceptional case for evidence of general bad character to justify quashing a conviction after an otherwise regular trial. The subsequent conviction of a prosecution witness for drug offences dissimilar in nature to the conduct alleged by the defence does not tend to prove a propensity to engage in the conduct imputed by the defence. A claim of privilege against self-incrimination may properly be taken globally and proleptically in the absence of the jury, and no inference adverse to the Crown arises from such a claim.
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