R. v. Finck

Decided: 2026-11-06. Docket: CAC 547244. Citation: 2026 NSCA 79 (CanLII). Criminal and statutory offences — Appeals from conviction — Misapprehension of evidence — Criminal Code, s. 246(b) — Whether judge conflated Friday and Saturday events — No evidence accused administered substances on second evening — Hearsay evidence could not establish mens rea or actus reus — Conviction quashed and acquittal entered | Criminal and statutory offences — Sexual offences — Appellate review — Criminal Code, s. 271 — Whether misapprehension of evidence tainted credibility and consent analysis — Reasons referred to “sexual assaults” and substance provision on both nights — Fundamental confusion central to reasoning process — Conviction quashed and judicial stay entered | Procedure — Criminal appeals — Rem