What are the grounds of appeal against the conviction of C.J. on both ss. 151 and 152 counts?
Nova Scotia, Canada
The following excerpt is from R. v. C.J., 2011 NSCA 77 (CanLII):
C.J. submits that the trial judge (1) erred by considering inadmissible character evidence, (2) improperly shifted the onus of proof respecting C.J.’s alibi, (3) misapprehended the evidence which caused a miscarriage of justice and (4) recorded convictions on both ss. 151 and 152 counts, contrary to Kienapple v. R., 1974 CanLII 14 (SCC), [1975] 1 S.C.R. 729. The parties reconstituted the fourth ground based on a discussion at the appeal hearing that resolved earlier ambiguity about the number of counts for which C.J. had been convicted.
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