R. v. Garciacruz
Appeal allowed and conviction set aside because the trial judge's reasons were insufficient: she failed to address a viable alternative inference that the complainant may have awakened in an unexplained blackout/amnesic state and consented, and failed to reconcile significant inconsistencies in the complainant's testimony; the deficiency prevented effective appellate review and a new trial was ordered.
Source excerpt
- Consent
- Reasonable doubt
- Insufficiency of reasons
- Circumstantial evidence
- Amnesia/blackout
- Credibility assessment