New evidence (as opposed to fresh evidence) that was constructively available at trial will only support a finding of miscarriage of justice if it is so cogent as to satisfy the court of the appellant's innocence or invoke a reasonable doubt as to guilt. The concept of 'great latitude' applies only to the threshold question of whether evidence was constructively available, not to the assessment of its cogency once classified as new evidence. A Crown Prosecutor's use of inflammatory language such as 'scurrilous attack' to describe legitimate defence cross-examination is inappropriate but will not necessarily give rise to a miscarriage of justice, particularly where experienced trial counsel made no complaint.
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