Is a verdict under appeal based on credibility or not?
New Brunswick, Canada
The following excerpt is from Fabien John Peters v. Her Majesty the Queen, 2021 NBQB 164 (CanLII):
31. The verdict under appeal is one rendered following a trial where credibility was the main issue. The trial judge noted this in her decision and then correctly articulated the framework set out in R v. W.(D.), 1991 CanLII 93 (SCC), [1991] 1 SCR 742. (see transcript, vol. 4 of 6, p. 11)
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