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APPLICATION TO REOPEN TRIAL AFTER CONVICTION BASED UPON THE CONTENTS OF A VICTIM IMPACT STATEMENT

R. v. H.S., 2023 ONCA 805, January 6, 2023, at paragraph 30:

I conclude that, where an appellant seeks to vacate a conviction on the basis of a complainant’s VIS, the test in Palmer v. The Queen, [1980] 1 S.C.R. 759, for adducing fresh evidence should be applied with the following considerations in mind: (i) the alleged inconsistency between the VIS and the complainant’s evidence at trial should be plain and obvious; (ii) the relevant portions of the complainant’s trial evidence must have played a central and essential role in the trial judge’s reasoning leading to a conviction; and (iii) the obviously inconsistent statement(s) in the VIS, had they been known at the time of the trial, would likely have affected the result.