What is the effect of a judge's failure to discuss collateral aspects of a case?
British Columbia, Canada
The following excerpt is from R. v. Miller, 2004 BCSC 1655 (CanLII):
The trial judge is presumed to know the law. Where the conclusions are stated, albeit briefly, and the conclusions are supported by the evidence, the verdict should not be overturned because of a failure to discuss collateral aspects of the case. Where the record “discloses a lack of appreciation of relevant evidence and more particularly the complete disregard of such evidence, then it falls upon the reviewing tribunal to intercede” (Harper v. The Queen, 1982 CanLII 11 (SCC), [1982] 1 S.C.R. 2 per Estey J., speaking for the majority at 14).
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