The appellant was convicted of public mischief for allegedly providing false information to the police about a sexual assault.
At trial, a forensic expert testified that tests 'suggested' the buttons on the appellant's shirt were torn off when the shirt was undone.
The trial judge misapprehended this evidence, stating the expert concluded the buttons had not been ripped off while in the buttonhole space.
The Court of Appeal found this misapprehension played an essential part in the reasoning process resulting in the conviction.
The appeal was allowed, the conviction set aside, and a new trial directed.
