Evidence from a co-accused who was not called at trial due to a conscious forensic decision by defence counsel is new evidence, not fresh evidence, even where the appellant's lawyers were unaware of the co-accused's agreed statement of facts implicating the appellant. The distinction between credibility and reliability is important when assessing evidence from a witness who was heavily intoxicated at the time of the events.
The full text is available to signed-in members, including the 1 later case that cites this judgment.