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B.C. Appeal Court overturns sexual assault conviction due to 'fatal error of analysis'

Friday, August 25, 2017 @ 11:26 AM | By Ian Burns

The B.C. Court of Appeal has overturned a conviction in a sexual assault case after it ruled the trial judge committed a “fatal error of analysis” in shifting the burden of proof to the defendant, but a University of British Columbia law professor is calling the decision "puzzling."

Isabel Grant, University of British ColumbiaThe appeal in R. v. Nayyar 2017 BCCA 297, stems from Vidit Nayyar’s 2016 conviction for sexual assault of his co-worker. There was DNA evidence that supported the proposition that the complainant had...