Can an appeal be successful against a verdict of a trial judge’s verdict unsupported by reasons?
Alberta, Canada
The following excerpt is from R. v. A.T., 1991 CanLII 6104 (AB QB):
Yet in the case of a trial judge’s verdict, unsupported by reasons, Laskin C.J.C. made it clear in MacDonald v. The Queen at p. 263 that an appeal may be successful “if, having regard to the record, there is a rational basis for concluding that the trial judge erred in appreciation of a relevant issue or in appreciation of evidence that would affect the propriety of his verdict”. That observation is surely equally applicable to the trial judge’s exercise of discretion as to whether to grant an adjournment.
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