In applying the test under s.86(1)(a)(i) of the Criminal Code where a finding of credibility is challenged, does the appellate court have any power to reverse the verdict?
Alberta, Canada
The following excerpt is from R. v. E.G.M., 2006 ABCA 257 (CanLII):
In applying the test under s. 686(1)(a)(i) of the Criminal Code where findings of credibility are challenged, the appellate court should show great deference to findings of credibility made at trial: R v. Francois (1994), 1994 CanLII 52 (SCC), 91 C.C.C. (3d) 289 at 295 (S.C.C.), citing R. v. W.(R.), 1992 CanLII 56 (SCC), [1992] 2 S.C.R. 122. However, the court retains the power to reverse the verdict where, after considering all of the evidence, and having due regard to the advantages afforded to the trial judge, it concludes that the verdict is unreasonable: Francois at 295-96.
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