Where fresh evidence comprises a recantation by a witness which is subsequently withdrawn, the appellate court must examine the relevance, credibility and cogency of the trial evidence, the recantation and its withdrawal, taking into account all relevant factors including the reasons given for each, and determine whether there is a significant possibility of acquittal. The question whether the qualification that a recantation alone does not justify appellate intervention applies to double recantations was left open.
The full text is available to signed-in members, including the 13 later cases that cite this judgment.
6 of the 13 citing cases carry a classified treatment. How each court treated it is available to signed-in members.