Can the Court dismiss an appeal under s. 613(1)(b)(iii) of the Criminal Code because of the intermingling of the facts between the facts and the facts?
Saskatchewan, Canada
The following excerpt is from R. v. W.N., 1987 CanLII 4974 (SK CA):
In order to overlook this intermingling and dismiss the appeal under s. 613(1)(b)(iii), we have to ask ourselves if the jury would necessarily have reached the same result and convicted the accused if the error above described had not been made. I observe that the Crown bears the onus of demonstrating that the verdict would necessarily have been the same if the errors had not occurred (Colpitts v. The Queen, 1965 CanLII 2 (SCC), [1966] 1 C.C.C. 146).
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