APPEALS - Unreasonable verdict - Powers of appellate court - New trial

Law360 Canada ( September 24, 2024, 3:02 PM EDT) -- Appeal by the Crown against the trial judge's acquittal of Jones on the charge of refusing to comply with an approved screening device demand. The police arrested Jones after suspecting him of intoxication and possession of a stolen car. He was charged with refusing to comply with an approved screening device demand, operating a conveyance while prohibited, and causing a disturbance. The Crown withdrew the charge for operating a conveyance while prohibited. The trial judge found Jones not guilty of causing a disturbance and was acquitted of refusing to comply with an approved screening device demand. There was no dispute on appeal that the correct legal standard under s. 320.27(1) of the Criminal Code ("Code") was reasonable grounds to suspect. The only dispute on the Crown's first ground of appeal was whether the trial judge applied the wrong legal standard. Jones argued that despite the trial judge using the phrase "reasonable and probable grounds to believe", the judge applied the correct standard of reasonable grounds to suspect....
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