Wednesday, May 7, 2014

Judge may properly, albeit cautiously, consider handwriting evidence

R. v. Cunsolo, 2014 ONCA 364:

 [42] Defence counsel at trial was aware that the trial judge intended to conduct his own handwriting comparison and made lengthy submissions on the matter.  The trial judge reviewed the applicable legal principles before engaging in his analysis and properly instructed himself to be cautious.  His reasons make it clear that he understood the law and approached his task properly. There is no merit to the submission that he misapprehended the evidence.

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