Can an appellate court interfere with a trial court's finding of guilt?
Ontario, Canada
The following excerpt is from R. v. Canadian Tire Corp. Ltd., 2004 CanLII 4462 (ON SC):
There are no grounds for appellate interference with the trial court’s findings of guilt. A high standard of deference exists for a trial judge’s findings of fact: Housen v. Nikolaisen, 2002 SCC 33 (CanLII), [2002] 2 S.C.R. 235 at 245-6. In my view, the court’s findings are reasonable and the legal conclusions unassailably correct.
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