What is the test for appeal against a finding of not guilty of sexual assault?

British Columbia, Canada


The following excerpt is from McKenzie v. Perestrelo, 2014 BCCA 161 (CanLII):

To succeed on appeal, an appellant must show there was a material error, a serious misapprehension of the evidence, or an error in law by the trial court: Hickey v. Hickey, 1999 CanLII 691 (SCC), [1999] 2 S.C.R. 518, per L’Heureux-Dubé J.:

Other Questions


What is the effect of discretion of the Court of Appeal in dealing with allegations of sexual assault in a sexual assault case? (British Columbia, Canada)
What is the test for an appellate court to overturn a finding of not guilty of sexual assault? (British Columbia, Canada)
Under what circumstances have the courts allowed a jury to find guilty on all three counts of sexual assault? (British Columbia, Canada)
What is the test for an appeal against the findings and conclusions of a jury in a sexual assault case? (British Columbia, Canada)
What is the test for admitting fresh evidence at the Court of Appeal of Appeal in a sexual assault case? (British Columbia, Canada)
What is the case law on the exclusion of evidence of sexual assault and sexual assault in criminal proceedings? (British Columbia, Canada)
What is the test for determining if a plaintiff has been found guilty of assault by reason of sexual assault? (British Columbia, Canada)
What is the test for admitting or denying an allegation of sexual assault in a sexual assault case? (British Columbia, Canada)
Is there any case law in the context of sexual assault cases where there is no evidence of physical harm or sexual assault? (British Columbia, Canada)
What is the test for a reversal of a finding by the Court of Appeal in a sexual assault case? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.