Does an appellate court have to defer to the treatment of the evidence by the trial judge?
British Columbia, Canada
The following excerpt is from R. v. Robinson, 2014 BCSC 1463 (CanLII):
An appellate court must defer to the treatment of the evidence by a trial judge unless the trial judge has misinterpreted or overlooked relevant evidence. An appellate judge is not to substitute its different view of the evidence absent a palpable and overriding error by the trial judge: Housen v. Nikolaisen, 2002 SCC 33.
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