Misapprehension of evidence in sex assault case a miscarriage of justice: Ontario Appeal Court

By Christopher Guly ( April 1, 2020, 1:51 PM EDT) -- In a case that Ontario Court of Appeal Justice David Paciocco described as “uncommon” involving a trial judge who “misapprehended evidence that was critical to his decision to convict,” Justice Paciocco and colleagues Justices Lois Roberts and Alison Harvison Young recently set aside an Ontario Court judge’s guilty verdict and ordered a new trial for a man convicted in 2018 of sexually assaulting his wife....
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