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.
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