Can a judge misapprehended the law by treating evidence of the respondent's experience with the criminal justice system as she did?
Nova Scotia, Canada
The following excerpt is from R.v. L.T.H., 2006 NSCA 112 (CanLII):
A misapprehension of the evidence which proceeds from a misapprehension of some legal principle can amount to an error of law (see Regina v. Morin, [1992] 76 C.C.C. (3d) 193 (S.C.C.) at p. 6). In treating the evidence of the respondent=s experience with the criminal justice system as she did, the judge misapprehended the law in that regard and so erred in law. Admissibility of Evidence
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