Does the Court of Appeal have jurisdiction to appeal and order a new trial?
British Columbia, Canada
The following excerpt is from R. v. Pilkington, 2019 BCCA 374 (CanLII):
For the reasons that follow, I would allow the appeal and order a new trial for two reasons, each of which, in my view, is sufficient to warrant appellate interference: 1) Browne v. Dunn has no application to the circumstances of this case, and 2) the judge relied upon matters not in evidence to discount the appellant’s evidence.
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