R. v. Wilson (P.C.) (1999), 121 B.C.A.C. 114 (CA);
198 W.A.C. 114
MLB headnote and full text
Temp. Cite: [1999] B.C.A.C. TBEd. MY.007
Regina (respondent) v. Philip Charles Wilson (appellant)
(CA023875; 1999 BCCA 0119)
Indexed As: R. v. Wilson (P.C.)
British Columbia Court of Appeal
Cumming, Huddart and Mackenzie, JJ.A.
February 19, 1999.
Summary:
The accused appealed his conviction on four counts of sexual offences against the same complainant.
The British Columbia Court of Appeal allowed the appeal and ordered a new trial.
Criminal Law – Topic 5045
Appeals – Indictable offences – Dismissal of appeal if no prejudice, substantial wrong or miscarriage results – What constitutes a substantial wrong or miscarriage of justice – The trial judge made a palpable error on a matter of fact which he considered central to his finding on the vital issue of credibility – The British Columbia Court of Appeal held that such error raised a serious risk of a miscarriage of justice – The court allowed the accused’s conviction appeal and directed a new trial.
Cases Noticed:
R. v. White (S.J.) (1998), 228 A.R. 174; 188 W.A.C. 174 (C.A.), refd to. [para. 9].
Counsel:
P.H. Harrison, for the appellant;
A. Budlovsky, for the respondent.
This appeal was heard before Cumming, Huddart and Mackenzie, JJ.A., of the British Columbia Court of Appeal at Vancouver, British Columbia on February 19, 1999, when the following decision was delivered orally for the court by Mackenzie, J.A.
