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R. v. Abbey: Same expert, same evidence but a very different outcome

Tuesday, August 29, 2017 @ 8:43 AM | By Jeffrey Manishen

In a turn of events that can only be called exceptional, the Ontario Court of Appeal, in R. v. Abbey 2017 ONCA 640, reversed a 2011 conviction for first degree murder. The court ruled that expert evidence which it had previously found to have been wrongly excluded, resulting in the reversal of an acquittal in 2009, would likely not have been admitted at the re-trial having regard to the fresh evidence filed on the second appeal.

Mark Totten, a sociologist whom the court (in the first...