What is the standard of review for appeal against a finding of not guilty?
British Columbia, Canada
The following excerpt is from Zhu v. Li, 2009 BCCA 128 (CanLII):
The grounds of appeal are set out at the beginning of these reasons. To the extent that they raise questions of law, the standard of review is correctness. Where they require examination of the trial judge’s findings of fact and credibility the standard of review is that of a palpable and overriding error, due to the significant advantage that the trial judge has in seeing and hearing the witnesses: Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235 at paras. 8, 10.
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