R. v. Gill, 2019 ONCA 902

APPELLATE INTERVENTION ON CONVICTION AND SENTENCING

What You Need to Know

1. The standard for when misapprehension of evidence warrants reversal of conviction is stringent. Misapprehension must be material to the reasoning of the judge AND errors alleged must play essential role in the reasoning process resulting in conviction.

2. It is trier of fact's role to assess cumulative effect of evidence at trial. ONCA only entitled to set aside this assessment where it is UNREASONABLE. A verdict is unreasonable where no properly instructed jury could reasonably have rendered it (See R v Villaroman 2016 SCC 33).

3. On sentencing appeal, ONCA cannot intervene simply because they would have weighed sentencing factors/principles differently. Intervention is limited to where sentence is demonstrably unfit (i.e. when it departs from proportionality).