S.M. c. R.

canada, canadian, case law, court opinion, canlii, qcca, 2026qcca1237, 2026 qcca 1237 (canlii), 2026, qcca, 1237, (canlii), 500-10-008340-257, 2026, criminal and statutory offences, sexual assault, consent and credibility, whether the sexual encounter was consensual, complainant’s credibility central at trial, photographs and post, offence conduct relied on in assessment, errors found requiring appellate intervention, appeal allowed, conviction quashed and new trial ordered, evidence, assessment of evidence, material exhibits, photographs, did the judge fail to consider evidence favourable to the defence, alleged contradiction between complainant’s testimony and depiction in photos, failure to address substantial defence argument on credibility in sexual assault trial (r. v. walle, r. v. j.m.h.), new trial ordered, evidence, post, offence conduct, relevance and speculation, cell phone request and photographs, whether post, offence conduct supported an inference of guilt, motive for requesting phone speculative and not grounded in evidence, conduct too equivocal to support logical inference (r. v. white, r. v. schneider, r. v. townsend), conviction quashed, procedure, criminal appeal, leave to appeal on question of fact, criminal code, s. 675(1)(a)(iii), whether leave should be granted, appellate review of alleged reversible errors in appreciation of evidence and legal error on post, offence conduct, permission to appeal granted, appeal allowed, conviction quashed and new trial ordered