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The Court of Appeal for Ontario dismissed the Crownâs appeal from acquittals, finding no error of law in the trial judgeâs credibility, reliability, or reasonable-doubt analysis.
The Supreme Court dismissed the appeal in a sexual assault case, holding that the trial judge erred by mishandling consent evidence and circumstantial evidence.
The Court of Appeal for Ontario held that the trial judgeâs reasons for acquittal were sufficient, and dismissed the Crownâs appeal from a sexual assault acquittal.
The Court (majority) dismissed the Crown appeal because the trial judge did not commit an error of law in excluding the USB imagesâthe probative value did not clearly outweigh prejudicial effect and her discrete factual inferences were reasonable and entitled to deferenceâand her finding that the relationship with J.R. was not exploitative was supported by the evidence and not a legal misapprehension; the Crown did not show the alleged errors could have materially affected the acquittals.
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The SCAJ erred by substituting its own view for the trial judge's permissible factual inferences and mischaracterizing those inferences as mythâbased reasoning; the SCAJ also failed to show any error materially affected the acquittal, so the acquittal must be restored.
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The trial judge erred as a matter of law by improperly excluding or disregarding material expert opinion and other evidence on speed (and by applying the beyondâreasonableâdoubt standard piecemeal and speculating about distraction); those errors could reasonably be said to have had a material bearing on the acquittal, therefore the Crown's appeal is allowed and a new trial is ordered.
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The Court of Appeal allowed the Crownâs appeal on Count 6, entered a conviction for unlawfully causing bodily harm, and dismissed the accusedâs appeal on abuse of process.
The Court of Appeal dismissed Sundmanâs conviction appeal, allowed the Crown appeal against his first-degree murder acquittal, and dismissed the Crown appeal against Martin.
The Supreme Court of Canada held that a trial judge erred in law by treating momentary excessive speeding as insufficient for mens rea in dangerous driving causing death.
The Court of Appeal held that a âwoundâ under s. 268(1) includes a break in the whole skin amounting to serious bodily harm, and substituted an aggravated assault conviction.
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