What is the test for overturning a conviction of sexual assault against a man who was found guilty of the same offence by a different judge?
Saskatchewan, Canada
The following excerpt is from R. v. Bakers Electric Ltd., 1982 CanLII 2456 (SK QB):
The conviction cannot be allowed to stand. However, the learned trial judge made certain findings of fact as to the manner in which the offence occurred that would have allowed him to convict the accused - if such findings had not been at variance with the charge as laid. In the circumstances the proper disposal of the appeal requires that a direction be made for a new trial at which appropriate amendments to the information may be made by the trial judge. Budovitch v. The Queen, 8 C.R.N.S. 280.
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