What is the test for reversing a decision of a trial judge on a motion of appeal against a finding of not guilty?
New Brunswick, Canada
The following excerpt is from John Maryon International Ltd. v. New Brunswick Telephone Co., Ltd., 1982 CanLII 2906 (NB CA):
The trial judge's decisions on such questions are entitled to great respect, and as has often been repeated "when his decision is based substantially on his assessment of the quality and credibility of witnesses, an appellate court 'must, in order to reverse, not merely entertain doubts whether the decision ... is right, but be convinced that it is wrong'": see Lord Edmond Davies in Whitehorse v. Jordan, [1981] 1 All E.R. 267 at p. 276, citing Lord Kingdown in Bland v. Ross (1860), 14 Moo. 210 at p. 235, 15 E.R. 284 at p. 293.
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