APPEALS — Grounds — Misapprehension of or failure to consider evidence

Law360 Canada ( June 4, 2024, 1:42 PM EDT) -- Appeal by Yaman from his conviction for breaking and entering. He argued that the trial judge erred by failing to instruct herself on the legal principles governing identification evidence, she misapprehended a police officer's evidence, and she failed to adequately assist Yaman given his status as a self-represented litigant. The Zilkie residence was broken into while the family was on vacation. The police seized video footage from the home’s front door and living room cameras. The police targeted Yaman as a potential suspect. The day after the break and enter, the police searched the area around the residence and convened a surveillance team to follow Yaman. Constable Winter testified, as a member of the surveillance team, of the steps the team took to observe their target, Yaman. At trial, Constable Winter made an in-dock identification of Yaman as the person he observed during the surveillance. Crown Counsel identified the main issue as identification and proceeded to play the Home, the Bus, and the Surveillance Videos. Yaman focused on frailties in the evidence establishing him as the perpetrator and focused on different aspects of the evidence tendered....
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