What is the test for an appeal court to set aside a verdict in a sexual assault case?
British Columbia, Canada
The following excerpt is from R. v. Alpine Credits Ltd., 1998 CanLII 5571 (BC SC):
Section 686(1)(a) of the Criminal Code permits an appeal court to set aside a verdict where it finds that the verdict is unreasonable or unsupported by the evidence. The test is referred to in Weiss v. Renaud (1997), B.C.J. No. 769 (B.C.S.C.) (Q.L.) where Drost J. stated, at paragraph 27: The appellate court should not interfere with the trial judge's decision absent a material error in principle, a significant misapprehension of the evidence, or an award which is clearly wrong.
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