What is the test for misapprehension of evidence?
Nova Scotia, Canada
The following excerpt is from R. v. Drysdale, 2021 NSSC 285 (CanLII):
See also R v Smith, 2021 SCC 16 and R v. Greif, 2021 BCCA 187, at para. 49: “Misapprehension of evidence may refer to a failure to consider evidence relevant to a material issue, a mistake as to the substance of the evidence, or a failure to give proper effect to evidence. Determining whether a misapprehension of evidence has caused a miscarriage of justice requires that the appellate court assess the nature and extent of the error and its significance to the verdict. It is a stringent standard, met only where the misapprehension could have affected the outcome.”
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