An applicant seeking to adduce evidence on appeal to undermine a complainant's credibility must demonstrate the evidence is genuinely fresh — evidence relating to facts known to the applicant well before trial, and documents obtainable with reasonable diligence, will not qualify. Where the Crown case is supported by overwhelming independent eyewitness evidence, proposed credibility evidence directed at the complainant will not establish a significant possibility of acquittal. Defence counsel's tactical decision not to pursue a line of cross-examination that risked emphasising motive provides an objectively reasonable basis for not adducing such evidence at trial.
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