Thursday, December 13, 2012

Hearsay still a good basis for an appeal

R. v. Edwards, 2012 ONCA 882 allows an appeal based on hearsay:

[1]          In our view, the appeal must be allowed. The trial judge relied on hearsay in reaching the conclusion that the appellant had knowledge of the contents of the package. The Crown concedes that she erred in doing so. This constituted an important part of her reasoning both at paras. 22 and 28 of her reasons. The proviso cannot therefore be applied to maintain this conviction.

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