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.:
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