Can finger print evidence be considered in an appeal?

British Columbia, Canada

The following excerpt is from R. v. Wong, 1994 CanLII 2341 (BC CA):

9 We were referred to a number of cases in which finger print evidence has been considered. I do not intend to review them. The weight to be attributed to finger print evidence will vary considerably from case to case depending on the circumstances in evidence in each particular case. As I have said, in the absence of any error of law by the trial judge, the issue in this appeal comes down to whether there was evidence upon which a properly instructed jury acting judicially could reasonably convict. That is a question we are entitled to entertain under s.686(1)(a)(i) of the Criminal Code, which gives us the statutory authority to re-examine and to some extent to reweigh the evidence. See Yebes v. The Queen 1987 CanLII 17 (SCC), [1987] 2 S.C.R. 168.

Other Questions

Does a decision of appeal from a master be appealed from the Court of Appeal of the Master? (British Columbia, Canada)
In what circumstances will the Court of Appeal be considered to be an alternative method of appeal? (British Columbia, Canada)
What is the legal test for appeal against an Order requiring the Court to consider the merits of an appeal? (British Columbia, Canada)
Does inadmissible evidence have to be considered on appeal? (British Columbia, Canada)
What factors will be considered by the Court of Appeal for an appeal against the findings of fact? (British Columbia, Canada)
What jurisprudence should be considered in support of an appeal by a plaintiff in his BC Workers’ Compensation Appeal Tribunal case? (British Columbia, Canada)
What is the standard of review under s. 59(1) of the Rules of Appeal Court of Appeal for a motion of appeal against the decision of a judge on a question of mixed fact and law? (British Columbia, Canada)
What is the test for admitting fresh evidence at the Court of Appeal of Appeal in a sexual assault case? (British Columbia, Canada)
What is the test for allowing evidence of legislative papers to be introduced into evidence on appeal? (British Columbia, Canada)
Does the Court have to consider the merits of an appeal before deciding whether to grant an extension of time for perfecting the appeal? (British Columbia, Canada)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.