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An unsuccessful defendant is appealing the decision of a High Court judge. The appellant wishes to introduce fresh evidence at the appeal hearing which was not before the trial judge but which the appellant believes will make a significant difference to the outcome.Is the appellant permitted to introduce fresh evidence at an appeal hearing?


A、Fresh evidence can be introduced if shown that the evidence could not have been obtained with reasonable diligence for use at trial and would probably have an important influence on the result of the case and is not challenged by other evidence.
B、Fresh evidence cannot be introduced at the appeal hearing and, if that is the appellant's intention, fresh proceedings will need to be issued.
C、Fresh evidence cannot be introduced at the appeal hearing as the appeal is limited to a review of the decision of the lower court on the evidence available to it at trial.
D、Fresh evidence can be introduced if shown that the evidence could not have been obtained with reasonable diligence for use at trial, it would probably have an important influence on the result of the case and is apparently credible.
E、Fresh evidence can be introduced if shown that the evidence could not have been obtained with reasonable diligence for use at trial, it would undoubtedly have a significant influence on the result of the case and is believable beyond doubt.

发布时间:2025-07-20 01:05:37
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答案:D
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