R. v. P.B.T.K.
The Court allowed the appeal because the trial judge misapprehended material evidence in an Agreed Statement of Fact and witness testimony in a circumstantial possession case, producing a verdict that was unreasonable or unsupported by the evidence; accordingly the conviction was quashed and an acquittal entered.
Source-derived case information.
- Citation
- 2015 NSCA 57
- Parties
- Appellant: P.B.T.K.; Respondent: Her Majesty the Queen
- Court
- Nova Scotia Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 12 June 2015
- Procedural Posture
- Criminal Appeal / Decision (appeal Allowed)
- Outcome
- Appeal allowed; conviction quashed; acquittal entered.
- Legal Topics
- Possession of Child Pornography, Circumstantial Evidence, Misapprehension of Evidence, Standard of Proof, Remedy on Unreasonable Verdict
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
P.B.T.K.
Appellant
Her Majesty the Queen
Respondent
Procedural Posture
Criminal Appeal / Decision (appeal Allowed)
Legal Issues
- 1 Whether the trial judge misapprehended the evidence in the Agreed Statement of Fact and witness testimony
- 2 Whether the Crown proved beyond a reasonable doubt that the appellant possessed the computer files
- 3 Whether the appropriate remedy for an unreasonable or unsupported verdict is acquittal
Ratio Decidendi
The Court allowed the appeal because the trial judge misapprehended material evidence in an Agreed Statement of Fact and witness testimony in a circumstantial possession case, producing a verdict that was unreasonable or unsupported by the evidence; accordingly the conviction was quashed and an acquittal entered.
Court Disposition
Appeal allowed; conviction quashed; acquittal entered.
Orders
- Conviction quashed and acquittal entered.
Full Case Text
Judgment text and source record
1 paragraphs
R. v. P.B.T.K. Court Court of Appeal Date 2015-06-12 Citation 2015 NSCA 57 Docket CAC 436531 Judge/Registrar/Adjudicator Beveridge, Duncan R. (Honourable Justice) (CA); Bryson, Peter M.S. (Honourable Justice) (CA); Bourgeois, Cindy A. (Honourable Justice) (CA) Document Type Decision Decision Content Nova Scotia Court of Appeal Citation: R. v. P.B.T.K., 2015 NSCA 57 Date: 20150612 Docket: CAC 436531 Registry: Halifax Between: P.B.T.K. Appellant v. Her Majesty the Queen Respondent Judges: Beveridge, Bryson and Bourgeois, JJ.A. Appeal Heard: June 11, 2015, in Halifax, Nova Scotia Written Release June 12, 2015 Held: Appeal allowed, per reasons for judgment of the Court Counsel: Alan G. Ferrier, Q.C. for the appellant William Delaney, Q.C. for the respondent By the Court (orally): [1] The appellant was convicted in Provincial Court of possession of child pornography contrary to s. 163.1(4) of the Criminal Code. [2] The only issue at trial was whether the Crown had proved beyond a reasonable doubt that the appellant was in possession of the computer files that contained the prohibited material. The case against the appellant was circumstantial and depended on establishing that he had exclusive access to a particular piece of computer equipment. [3] The appellant argues that the trial judge misapprehended the evidence set out in an Agreed Statement of Fact and a key witness about details in that agreed statement. [4] The Crown concedes that the trial judge did misapprehend this evidence and that the misapprehension led to a verdict that was unreasonable or unsupported by the evidence. [5] The only appropriate remedy where a verdict is unreasonable or unsupported by the evidence is to quash the conviction and enter an acquittal. Accordingly, the conviction is quashed and an acquittal is entered. Beveridge, J.A. Bryson, J.A. Bourgeois, J.A.