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The court acquitted Jonathan David Ball on all counts after finding the Crown’s case, centered on a warned statement and alleged admissions, left reasonable doubt.
Appeal allowed in an arson case after the court found cumulative trial errors, including improperly handled Facebook evidence and prejudicial character evidence, caused a miscarriage of justice.
The appeal is dismissed because the trial judge properly directed the jury, the appellant testified and provided an explanation for the alleged false confession which the jury could assess, the reliability of the confession was central and adequately addressed, and Crown conduct did not amount to a miscarriage of justice; therefore no Osmar-type instruction was required in these circumstances and Kelsey need not be revisited.
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