Nothing to indicate trial judge engaged in unbalanced scrutiny of evidence

Ontario criminal | Appeal

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Nothing to indicate trial judge engaged in unbalanced scrutiny of evidence

Accused appealed her convictions for assault, uttering threat to cause death, possession of weapon for purpose of committing offence and breach of undertaking. Accused submitted trial judge misapprehended certain portions of evidence and engaged in unbalanced scrutiny of evidence. Complainant in case was accused’s spouse. Appeal dismissed. There was nothing to indicate that trial judge misapprehended evidence or engaged in unbalanced scrutiny of evidence. Appeal court’s broad jurisdiction does not allow appeal judges to substitute their own credibility findings for those of trial judge.

R. v. Chung
(Dec. 6, 2011, Ont. S.C.J., Trotter J., File No. 169/10) 98 W.C.B. (2d) 479 (5 pp.).

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