What is the test for appeal against acquittal of an accused at trial?
British Columbia, Canada
The following excerpt is from R. v. Swanston, 1982 CanLII 423 (BC CA):
Since this is an appeal by the Crown from acquittal of an accused at trial, the onus is on the Crown not only to show that there was error in law but also that the verdict would not necessarily have been the same had the trial judge not erred in excluding the evidence of prior identification: Vezeau v. R. (1975), 1976 CanLII 7 (SCC), 34 C.R.N.S. 309, 28 C.C.C. (2d) 81 at 87, 66 D.L.R. (3d) 418, 8 N.R. 235 (S.C.C.).
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