What is the test for a reversal of a finding by the Court of Appeal in a sexual assault case?
British Columbia, Canada
The following excerpt is from Delgamuukw v. British Columbia, 1993 CanLII 4516 (BC CA):
In Woelk v. Halvorson, 1980 CanLII 17 (SCC), [1980] 2 S.C.R. 430 at 436, McIntyre J. observed: Weighing and evaluating the evidence lies fully with the province of the trial judge and, where there is evidence to support a finding which he has made, the fact that a Court of Appeal would have preferred to accept other evidence to the contrary, leading to a different finding, will not justify a reversal of the trial judge's conclusion.
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