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APPEALS - Grounds - Misapprehension of or failure to consider evidence

Friday, May 04, 2018 @ 8:30 AM  

Appeal by the accused from conviction for manslaughter after the victim died from a brain injury suffered during a beating. The testimony of several eyewitnesses was heard at trial. Two youths’ evidence, who did not appear at trial, was also put before the court via DVD recordings of their police interviews. The two youths’ accounts were that the accused had not been involved in the fatal beating. The defence relied heavily on this evidence. The trial judge did not mention or refer to in any way...