R. v. Hornsby

canada, canadian, case law, court opinion, canlii, onca, 2026onca604, 2026 onca 604 (canlii), 2026, onca, 604, (canlii), c70371, 2026, criminal and statutory offences, appeal, convictions for assault, assault with a weapon, sexual assault, judge, alone trial turning on complainant and accused testimony, trial judge’s credibility findings challenged as analytically flawed, crown proof beyond a reasonable doubt not properly assessed across counts, convictions quashed and new trial ordered, evidence, credibility and reliability, uneven scrutiny, whether trial judge applied harsher standards to defence evidence than crown evidence, demonstrably flawed assessment methodology affecting credibility determination, r. v. kiss, r. v. howe, r. v. g.f. applied, unfair trial and miscarriage of justice found, new trial ordered, evidence, inconsistencies and supportive evidence, reasons, whether trial judge failed to reconcile material inconsistencies and flaws in the complainant’s evidence, late, emerging allegation not mentioned to police not analyzed for impact on credibility, defence, supportive evidence not meaningfully engaged, credibility analysis tainted, convictions quashed, criminal and statutory offences, sexual assault, consent, whether trial judge failed to conduct independent count, by, count analysis for discrete incidents, consent to sexual relations not assessed on specific evidence for the count, findings from one count improperly imported into another, failure to explain rejection of accused’s evidence, new trial ordered, procedure, criminal appeal, remedy, what disposition follows where uneven scrutiny and analytical errors render trial unfair, miscarriage of justice despite evidence capable of supporting conviction, reversible error in assessment framework, appeal allowed, convictions quashed and new trial ordered