A co-offender's post-trial confession to being the actual perpetrator can constitute fresh evidence warranting a new trial, even where the applicant gave false alibi evidence at the original trial and has not resiled from that evidence. The fresh evidence must be evaluated in the context of the evidence actually given at trial, not on the basis of hypothetical evidence the applicant might give at retrial. The applicant's forensic decisions at trial do not preclude a finding of miscarriage of justice where the significance of the fresh evidence outweighs those decisions.
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