Fresh evidence of a prior inconsistent out-of-court statement by a complainant, relevant only to credibility, can establish a miscarriage of justice if it has the capacity to cause the jury to have a reasonable doubt about whether the complainant's evidence on a critical issue should be accepted. Where the prosecution chooses not to call the complainant to respond to such evidence on appeal, the court will take into account the absence of contradictory evidence in assessing the cogency and potential impact of the fresh evidence.
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