APPEALS - Grounds - Miscarriage of justice

Law360 Canada ( December 21, 2020, 7:01 AM EST) -- Appeal by the accused from conviction for assault causing bodily harm. The appellant and complainant were involved in a physical altercation. Both men claimed to have been attacked by the other and to have then engaged in the altercation in self-defence. There were no witnesses other than the appellant and the complainant to the altercation. The trial judge rejected the appellant’s evidence. He did not accept all of the complainant’s evidence but found that his evidence as to the sequence of events in the fight was supported by the evidence of his injuries which were more severe than those of the appellant and corroborated by the evidence of witnesses to the aftermath of the fight. The appellant raised numerous grounds of appeal, contending that their cumulative effect resulted in a miscarriage of justice....
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