In Canada....
Sometimes the appeal turns on a narrow but critical issue. For example, where the subject of the appeal is the admissibility of a statement, and where that statement is both a confession, and the only evidence that could reasonably result in a conviction.
If the statement is thrown out, and the remaining evidence could not support a conviction beyond a reasonable doubt, the Appeal Court may substitute an acquittal.
It is a similar situation if the Appeal Court finds that the trial court was wrong in law about a fundamental component of the test for what constitutes criminal conduct. If the evidence at trial would not support a finding of criminal conduct, the Appeal Court will substitute an acquittal. An example of this might be something like someone who is charged with theft because they switched price tags on an item in a store, and then only paid the lower, incorrect price. That conduct would support a conviction for fraud, but not for theft, so if the charge is wrong, an acquittal must follow.
Both of these sorts of situations are relatively rare - more cases get sent back for retrial.
In case it isn't clear, if the Crown doesn't get it right in the first place, and the evidence at trial that remains after the Appellate Court finishes their work isn't enough to support a conviction, the Crown doesn't get a second crack at it.
As to the onus on Appeal, it is up to the appellant to satisfy the Appellate Court that the decision which is the subject of the Appeal was in error, and that the error was such that it did or could have affected the result. Despite that, it is still true that the test as to whether it was an error, and whether it matters, is one that must be considered in light of the principle that an accused is innocent until proven guilty.
To say it another way, the Appellate Court looks at the decisions made in the Court below, and determines whether they were consistent with the law, including whether they properly reflect the principal that an accused is innocent until proven guilty.
Appellate Courts show a lot of deference to trial courts' findings respecting facts and the evidence, but only if the evidence was fairly led and properly received.
Matt
Matt,
You have done a much better job of describing the appeals process than I did. Suffice to say, the systems are near-identical in both the US and Canada.
...
As a human being (and a prosecutor), however, I find the sentence unconscionable. Sentencing a man to a de facto death penalty for involuntarily causing the death of a person he loved is obscene and emblematic of the moral decay which appears to have so profoundly infected civil society in our southern neighbour. This man will live in his own private hell for the rest of his days irrespective of the sentence. Sentencing him to die in jail serves no purpose. This facet of the case has all the hallmarks of a Taliban stoning.
The criminal law has a boundless power to facsinate, but little ability to restore that which is lost...
- N.
...
As a human being (and a prosecutor), however, I find the sentence unconscionable. Sentencing a man to a de facto death penalty for involuntarily causing the death of a person he loved is obscene and emblematic of the moral decay which appears to have so profoundly infected civil society in our southern neighbour. This man will live in his own private hell for the rest of his days irrespective of the sentence. Sentencing him to die in jail serves no purpose. This facet of the case has all the hallmarks of a Taliban stoning.
The criminal law has a boundless power to facsinate, but little ability to restore that which is lost...
- N.
Except for the fact that the lawyers in canada have to wear dresses*...
*they still wear those black gowns don't they? or am I thinking of judges only?
What a sad and poignant case.
As a human being (and a prosecutor), however, I find the sentence unconscionable. Sentencing a man to a de facto death penalty for involuntarily causing the death of a person he loved is obscene and emblematic of the moral decay which appears to have so profoundly infected civil society in our southern neighbour. This man will live in his own private hell for the rest of his days irrespective of the sentence. Sentencing him to die in jail serves no purpose. This facet of the case has all the hallmarks of a Taliban stoning.
The criminal law has a boundless power to facsinate, but little ability to restore that which is lost...
- N.
[edited for fear of retribution]
ok... so we have a creep whom some of you feel was a "victim" who is heartbroken that he broke his favorite toy. Just what the heck do you think should happen to him???
Violent here, Sanders??? Yeah, right... how about a culture where it is ok to stone your wife to death for not covering her head. Give me a break!
Sheesh. What a mixed up world we live in where it's ok for an old fart to take advantage of a young girl and have people actually feel sorry for him.:rolleyes:
....
As a human being (and a prosecutor), however, I find the sentence unconscionable. Sentencing a man to a de facto death penalty for involuntarily causing the death of a person he loved is obscene and emblematic of the moral decay which appears to have so profoundly infected civil society in our southern neighbour. This man will live in his own private hell for the rest of his days irrespective of the sentence. Sentencing him to die in jail serves no purpose. This facet of the case has all the hallmarks of a Taliban stoning.
The criminal law has a boundless power to facsinate, but little ability to restore that which is lost...
- N.
We can never really know if he is going to live in his own private hell; but his actions have clearly shocked the moral sense of society and are deserving of some form of punishment.
While what he did (the administering of the illegal drugs) was morally and legally wrong, his actions are deeply human and understandable.
criminal lapses of judgment while listening to his dick
Punishment yes, but I get a feeling that there are many (with no connections to Shell or the case) who just have a voyeuristic desire to see plain old revenge.
We use cookies and similar technologies for the following purposes:
Do you accept cookies and these technologies?
We use cookies and similar technologies for the following purposes:
Do you accept cookies and these technologies?