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Feb 24, 2017

Supreme Court of Canada decision: Beaudry Error


The Supreme Court of Canada released the following decision:

R. v. Olotu, 2017 SCC 11, File no. 37167

(Applying the appellate standard of review, with respect to the question of whether the trial judge misapprehended the evidence or failed to consider the totality of the evidence resulting in a miscarriage of justice under s. 686(1) (a)(iii) of the Criminal Code, R.S.C. 1985, c. C-46 , we substantially agree with the reasons of Justice Jackson in the Saskatchewan Court of Appeal on this issue. With respect to the further ground of appeal, the alleged Beaudry error (R. v. Beaudry, 2007 SCC 5, [2007] 1 S.C.R. 190), we are satisfied that the trial judge did not reach his decision by an illogical or irrational reasoning process, and his verdict was not unreasonable within the meaning of s. 686(1) (a)(i) of the Criminal Code . As a result, the appeal is dismissed.)
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