Monday, January 26, 2015

Crown appeal from acquittal

R. v. K.C., 2015 ONCA 39:

[59]       On a Crown appeal from acquittal, the Crown must demonstrate first, an error in law and second, that the error was sufficiently significant to allow the appellate court to conclude that the verdict would not necessarily have been the same had the error not been made. The onus on the Crown has been described as "a heavy one": R. v. Graveline, 2006 SCC 16, [2006] 1 S.C.R. 609, at para. 15.

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