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APPEALS - Grounds - Miscarriage of justice - Powers of appellate court - New trial

Thursday, April 05, 2018 @ 10:26 AM  

Appeal by the accused from conviction for sexual assault on the basis that his defence lawyer did not provide him with effective representation. A provincial court judge had convicted the accused of having sexual intercourse with the complainant without her consent. The trial judge had found the complainant’s evidence highly credible and accepted her testimony and rejected that of the accused. On appeal, the accused argued he did not receive a fair trial as a result of ineffective representation. The Crown had conceded the appeal on...