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R. v. Tkachuk

CanLII (Federation of Law Societies of Canada)
CanLII · Legal
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appealscanadacanadiancase-lawcourt-opiniondnaevidenceprocedure
Decided: 2026-09-16. Docket: CA50722. Citation: 2026 BCCA 374 (CanLII). Criminal and statutory offences — Conviction appeal — Home invasion offences — Circumstantial Crown case based on eyewitness, DNA, and cell phone evidence — Identity as the central issue — Whether the verdict was unreasonable under the Villaroman approach — Guilt the only reasonable inference on the whole of the evidence — Appeal dismissed | Evidence — Circumstantial evidence — Cell phone and cell tower records — Whether trial judge materially misapprehended timing and probative significance of communications — Whether inferences about general location and movement were available without expert evidence — Sectorization and tower proximity considered — Findings upheld as reasonable — Appeal dismissed | Procedure — Recor
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