R. v. Istephan

R. v. Istephan

Acting judicially and applying proper standards of appellate review, the court concluded the trial judge did not commit palpable or overriding error, his reasons were sufficient for appellate scrutiny, and on the whole of the evidence (two civilian witnesses and the police officer) a reasonable trial judge could convict; appeal dismissed.

Citation
2009 BCSC 764
Parties
Crown: Regina; Appellant: Mark Istephan
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
10 June 2009
Procedural Posture
Criminal Appeal / Appeal From Provincial Court Against Conviction
Outcome
Appeal dismissed; conviction affirmed
Legal Topics
Section 173(1) Criminal Code Indecent Act, Credibility Assessment, Reasonable Doubt, Adequacy of Reasons, Identification, W. (d.) Test, Standard of Appellate Review
Source Language
English
Criminal Law Evidence Appeal Section 173(1) Criminal Code Indecent Act Credibility Assessment Reasonable Doubt Adequacy of Reasons Identification +2 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 5 Authorities cited 9 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Regina

Crown

Mark Istephan

Appellant

Procedural Posture

Criminal Appeal / Appeal From Provincial Court Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in assessing credibility and reasonable doubt
  2. 2 Whether the trial judge applied the W. (D.) test appropriately
  3. 3 Whether the trial judge provided adequate reasons for appellate review

Ratio Decidendi

Acting judicially and applying proper standards of appellate review, the court concluded the trial judge did not commit palpable or overriding error, his reasons were sufficient for appellate scrutiny, and on the whole of the evidence (two civilian witnesses and the police officer) a reasonable trial judge could convict; appeal dismissed.

Court Disposition

Appeal dismissed; conviction affirmed

Orders

  • Appeal against conviction dismissed