An appellant in an Ontario Criminal Proceeding may sometimes rely on the “misapprehension of evidence” ground as a basis to set aside the lower court’s decision. Misapprehension of evidence means a number of things in Ontario including:
@ Misapprehension of evidence may refer to a mistake as to the substance of the evidence or a failure to consider evidence relevant to a material issue or a failure to give proper effect to evidence.
@ A misapprehension of evidence must have played an essential part in the reasoning process that led to conviction.
It can’t be peripheral.
@ The misapprehension of evidence can’t be confused with a different interpretation of the evidence than that adapted by the trial judge. *
William Poulos, Barrister
* This blog is for general information only and not a substitute for legal advice. Should you require legal advice, a lawyer should be consulted to advise on your specific circumstances.