Monday, February 23, 2015

Misapprehension of evidence involves a "stringent standard"

R. v. Bonnington, 2015 ONCA 122:

Misapprehension of evidence involves a "stringent standard": R. v. Lohrer, 2004 SCC 80, [2004] 3 S.C.R. 732, at paras. 1-2. This standard is met only "[w]here a trial judge is mistaken as to the substance of material parts of the evidence and those errors play an essential part in the reasoning process resulting in a conviction": R. v. Morrissey (1995), 22 O.R. (3d) 514 (C.A.), at p. 541, cited with approval in Lohrer.

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