R. v. Gow (N.T.), (1999) 232 A.R. 357 (CA)

• Judge: Bracco, McFadyen and Berger, JJ.A.
• Court: Court of Appeal (Alberta)
• Case Date: April 08, 1999
• Citations: (1999), 232 A.R. 357 (CA)

R. v. Gow (N.T.) (1999), 232 A.R. 357 (CA);

   195 W.A.C. 357

MLB headnote and full text

Temp. Cite: [1999] A.R. TBEd. MY.023

Her Majesty the Queen (respondent) v. Neil Troy Gow (accused/appellant)

(No. 9803-0305-A)

Indexed As: R. v. Gow (N.T.)

Alberta Court of Appeal

Bracco, McFadyen and Berger, JJ.A.

April 8, 1999.

Summary:

The trial judge disbelieved a female wit­ness in a criminal trial, finding her testimony "unbelievable" and "a fabrication from start to finish". The male accused, who had a relationship with the witness, was convicted and appealed.

The Alberta Court of Appeal allowed the appeal and ordered a new trial on three of the four counts against the accused.

Criminal Law - Topic 4865

Appeals - Indictable offences - Grounds of appeal - Verdict unreasonable or un­supported by evidence - [See Criminal Law - Topic 4957 ].

Criminal Law - Topic 4866

Appeals - Indictable offences - Grounds of appeal - Misapprehension of evidence - [See Criminal Law - Topic 4957 ].

Criminal Law - Topic 4957

Appeals - Indictable offences - New trials -Grounds - Misapprehension of evidence - The trial judge disbelieved a female witness in a criminal trial, finding her testimony "unbelievable" and "a fabrication from start to finish" - The male accused, who had a relationship with the witness, was convicted - The Alberta Court of Appeal ordered a new trial: "We are con­cerned that the trial judge's understandable dissatisfaction with Ms. Schmidt's 'unbe­lievable' testimony, as he found it to be, coloured his conclusion that her testimony was 'a fabrication from start to finish' when, clearly, he accepted some of her evidence. This in turn impacted on his assessment of knowledge and possession of the weapons by the appellant such as to render the verdict unsafe."

Criminal Law - Topic 5020

Appeals - Indictable offences - Setting aside verdicts - Verdict unreasonable or unsupported by evidence - [See Criminal Law - Topic 4957 ].

Cases Noticed:

R. v. Edwards (C.) (1994), 73 O.A.C. 55; 91 C.C.C.(3d) 123 (C.A.), refd to. [para. 2].

Counsel:

A. Schlayer, for the respondent;

M.R. Bloos, for the appellant.

This appeal was heard on April 8, 1999, by Bracco, McFadyen and Berger, JJ.A., of the Alberta Court of Appeal.

The memorandum of judgment of the Court of Appeal was delivered orally on April 8, 1999, by Berger, J.A. (see para­graphs 2 to 7).