The Crown appealed the acquittal of the respondent for second-degree murder, where the trial judge found the respondent acted in self-defence.
The Crown argued the trial judge erred in law by failing to consider the whole of the evidence, making an unsupported factual finding, failing to undertake a contextualized reasonableness inquiry, and not considering the risk to third parties.
The Court of Appeal dismissed the appeal, finding no overriding error in the trial judge's holistic consideration of evidence and self-defence factors, despite acknowledging a minor factual error that did not materially impact the verdict.
The court reiterated that appellate courts cannot reweigh evidence or hear appeals from unreasonable acquittals.
