In this criminal appeal, the appellate court had set aside a sexual assault conviction after finding reviewable errors in the trial judge’s reasoning and entering an acquittal.
The Crown challenged the conclusion that the verdict was unreasonable and sought restoration of a conviction-related remedy short of acquittal.
A majority held that the acquittal should not stand and that the appropriate disposition was a new trial.
The appeal was allowed, with one judge dissenting in favour of dismissing the appeal.
