What is the test for appeal review?
Manitoba, Canada
The following excerpt is from R. v. Le (T.D.), 2011 MBCA 83 (CanLII):
37 As stated in White (at para. 15): Such judicial discretion is reviewable on appeal if it has not been exercised judicially. The test for appellate review is whether the trial judge has given sufficient weight to all relevant considerations: Reza v. Canada, 1994 CanLII 91 (SCC), [1994] 2 S.C.R. 394 ….
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