Does inadmissible evidence have to be considered on appeal?
British Columbia, Canada
The following excerpt is from Regina v. Pozderec, 2003 BCSC 1628 (CanLII):
In Regina v. Barlow [1996] B.C.J. No. 3142, I held that where such inadmissible evidence was considered, on appeal a determination may be made as to whether absent that evidence, there still remains sufficient evidence for the trial judge’s conclusions to be upheld.
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