APPEALS – Grounds - Insufficient reasons - Unreasonable verdict

Law360 Canada ( April 21, 2022, 6:26 AM EDT) -- Appeal by Issa from his conviction and sentence imposed for one count of assault on grounds that the verdict was unreasonable, and the trial judge provided insufficient reasons. The complainant testified that during their relationship, Issa assaulted her four times and on one occasion, he assaulted their child. At trial, several date-stamped photographs were tendered which showed injuries to the complainant that she said were inflicted by Issa, as well as photographs depicting damage to a lamp, TV and drywall. She testified to knowledge of Issa having guns and that guns had been in their home before. Issa was convicted of one count of assault. On appeal, Issa argued that the trial judge arrived at an illogical result by making and relying upon incompatible findings. Having concluded that the complainant was not credible in relation to her allegation that Issa possessed firearms, it then made no sense to rely upon her evidence to ground a conviction for assault. Issa submitted that the trial judge’s reasons on the assault charge were insufficient because they did not explain how he resolved his concerns about the complainant’s testimony....
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