Is a trial judge's failure to give reasons sufficient to determine that the trial judge erred in appreciation of a relevant issue or application of the evidence?
British Columbia, Canada
The following excerpt is from R. v. Lamberton, 1992 CanLII 902 (BC CA):
3 A failure to give reasons which addresses every aspect of the evidence or even a failure to give any reasons is not in itself an error in law. In this circumstance it is incumbent on the appellate court to review the record as a whole to determine whether there was any "... rational basis for concluding that the trial judge erred in appreciation of a relevant issue or an application of the evidence that would affect the propriety of the verdict" - MacDonald v. The Queen (1976), 1976 CanLII 140 (SCC), 29 C.C.C. (2d) 257 (S.C.C.) at p. 263.
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