R. v. Tong

R. v. Tong

The trial judge erred by basing her rejection of the accused's testimony in part on his motive to avoid the consequences of conviction (loss of employment), a factor that in the context of her reasons undermined the presumption of innocence; that error requires allowing the appeal and ordering a new trial.

Citation
2017 BCSC 2595
Parties
Crown: Regina; Accused: Lai Wing Dominic Tong
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
19 October 2017
Procedural Posture
Criminal Assault / Appeal to the Supreme Court of British Columbia From a Provincial Court Conviction
Outcome
Appeal allowed; conviction set aside; new trial ordered
Legal Topics
Assault, Credibility, Fresh Evidence, W.d. Doctrine, Presumption of Innocence, New Trial
Source Language
English
Criminal Law Evidence Appellate Review Assault Credibility Fresh Evidence W.d. Doctrine Presumption of Innocence +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Regina

Crown

Lai Wing Dominic Tong

Accused

Procedural Posture

Criminal Assault / Appeal to the Supreme Court of British Columbia From a Provincial Court Conviction

Legal Issues

  1. 1 Whether proposed fresh evidence could have affected the trial result
  2. 2 Whether the trial judge properly applied the R. v. W.(D.) credibility framework
  3. 3 Whether the trial judge improperly relied on the accused's motive to avoid consequences (loss of employment) when rejecting his testimony, thereby undermining the presumption of innocence

Ratio Decidendi

The trial judge erred by basing her rejection of the accused's testimony in part on his motive to avoid the consequences of conviction (loss of employment), a factor that in the context of her reasons undermined the presumption of innocence; that error requires allowing the appeal and ordering a new trial.

Court Disposition

Appeal allowed; conviction set aside; new trial ordered

Orders

  • Appeal allowed; conviction set aside and a new trial ordered