A confession by a third party to an offence of which the appellant was convicted does not constitute credible fresh evidence where the confessor's account contains factual impossibilities, the confessor has convictions for dishonesty including giving false evidence, the confession carries no risk of additional punishment, and there is an indirect link between the confessor and the appellant. Even where a third party is convicted of the same offence, this does not assist the appellant where the Crown case was that the offence was committed at the appellant's behest. Applicants relying on fresh evidence should produce an affidavit from the proposed witness to enable cross-examination and credibility assessment.
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