A conviction will be set aside on the basis of a recantation if the witness's new version is sufficiently relevant, cogent and plausible to raise a doubt as to guilt, or if the evidence of the recanting witness is so untrustworthy that it ought not to be allowed to enter into the reasons for any verdict of guilty. Where police evidence placed at the forefront of the Crown case is shown to be fabricated, and the trial judge directed the jury that rejection of the accused's allegations against police could lead to rejection of the accused's evidence generally, there is a substantial possibility the jury was misled, constituting a miscarriage of justice.
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