Where an appellant seeks to adduce new evidence (evidence that was available or discoverable with reasonable diligence at trial) on appeal against conviction, the test is not whether there is a 'significant possibility' that a jury would have reached a different verdict (as stated in R v HBR), but whether the new evidence combined with the trial evidence shows the accused to be innocent or raises a reasonable doubt as to guilt such that the verdict is not reasonably open. The less onerous 'significant possibility' or 'likelihood of acquittal' test applies only to fresh evidence (evidence that was not available and could not have been discovered with reasonable diligence).
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