New evidence on criminal appeal (as distinct from fresh evidence) is subject to stringent tests inspired by the high desirability of finality to litigation, and will not be admitted unless it would require the conviction to be set aside to avoid a miscarriage of justice. An applicant cannot call a witness on appeal solely for the purpose of cross-examining them as a hostile witness. A deliberate decision not to call evidence at trial is a sufficient reason to refuse to receive that evidence on appeal.
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