Use Fresh Evidence to Win Your Criminal Appeal

Any fresh evidence can have profound effects on the outcome of a criminal appeal, more so when presented by the right lawyer. A sentence can be reduced and a conviction can even be overturned if the new evidence is deemed strong enough during the trial.

Presenting Fresh Evidence

New evidence that result in an appeal is termed as “fresh evidence”, whether it come from a private investigation agency or elsewhere. This type of evidence is subject to strict scrutiny before it is received by the court and is not meant to be another attempt to litigate facts heard in a previous trial.

Before a new evidence is admitted as fresh evidence for a criminal appeal, it will be evaluated and only admitted if it is in the interest of justice to have it recognized as such. The court will also have to consider the following 4 factors to before committing a new evidence as “fresh evidence”:

  • The evidence would usually not be admitted if it could have been led at trial before.
  • The evidence has the potential to change the outcome of the case.
  • The evidence is believable enough, makes sense, and has credibility.
  • The evidence may be able to affect the result of the case if presented with other pieces of evidence previously presented.

How Useful is Fresh Evidence?

Fresh evidence can debunk a theory that was previously presented, discredit a witness, or impeach the credibility of other pieces of evidence. As such, fresh evidence can warrant a new trial or at least help present enough reason to file for an appeal.

Use Fresh Evidence for an Appeal

Note that not all new pieces of evidence can be admitted as “fresh evidence” and the way it is presented may also have a huge impact on what effect it can have on a criminal appeal. If you’re trying to appeal a criminal case in Canada and want to consult with a defence attorney in Toronto, call Calvin Barry today! With decades of experience as a Crown attorney, he’s one of the best criminal defence lawyers there is. Consult with Calvin Barry as soon as possible!

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