What is the likelihood of an appellate court ordering a re-trial on an allegation of sexual assault?
Newfoundland and Labrador, Canada
The following excerpt is from Matchim v. Bgi Atlantic Inc., 2010 NLCA 9 (CanLII):
A key factor is the type of evidence that must be relied on by the appellate court for the purpose of making its own decision. Where the evidence to be reassessed is primarily documentary in character, it is more likely that the appellate court will decide the case itself on the existing record instead of ordering a re-trial. This is because the court will usually be in as good a position to assess the evidence as a trial court. See, Hollis v. Dow at para. 33.
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