March 12th, 2018

R v Flynn, 2018 Alberta Court Of Appeal – Misapprehension Of Evidence Results In New Trial

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Appellant appealed conviction for convenience store robbery. Issue at trial of whether identification evidence was sufficient to convict appellant. In finding that it was, the trial judge misapprehended evidence of an important witness. Crown conceded that verdict of guilt could not stand in those circumstances. Defence sought an acquittal rather than a new trial, arguing … Read More.