What is the scope of the appeal court’s duty to re-examine the evidence in the context of a conviction?
Ontario, Canada
The following excerpt is from R. v. S. S., 2004 CanLII 7092 (ON SC):
An appeal court’s function goes beyond finding whether there is evidence to support the conviction. While a court of appeal must not substitute its view for that of the trial judge the court must re-examine and, to some extent re-weigh and consider, the effect of the evidence. (See: R v. Yebes, 1987 CanLII 17 (SCC), [1987] 2 S.C.R. 168.)
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