Does the Court of Appeal have any authority or authority to overturn a conviction or sentence?
British Columbia, Canada
The following excerpt is from R. v. Woods, 2003 BCCA 539 (CanLII):
I disagree. In Lévesque Gonthier J. noted at para. 17, that “the overriding consideration must be the interests of justice, regardless of whether the appeal is from a verdict or a sentence.” At para. 20, he remarked that appeal courts should determine questions of fact only when the fresh evidence presents certain characteristics such as would justify the expansion of the traditional appellate role, and that those characteristics were those identified in Palmer v. R., [1989] 1 S.C.R. 759.
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