Fresh evidence on appeal

R. v. L.C.T., 2012 ONCA 116 is a good example of a mechanical application of the test for admission of fresh evidence on appeal:

[25]         The four-part test for the admission of fresh evidence on appeal is set out in R. v. Palmer, [1980] 1 S.C.R. 759.  To be admitted, the appellant must show that the evidence (1) could not have been obtained by due diligence before the trial (though this is not always required in the criminal context); (2) is relevant to a decisive or potentially decisive issue; (3) is reasonably capable of belief; and (4) if believed, could reasonably, when taken with the other evidence adduced at trial, be expected to have affected the result.