R v Hinseab

canada, canadian, case law, court opinion, canlii, mbca, 2026mbca71, 2026 mbca 71 (canlii), 2026, mbca, 71, (canlii), 2026, criminal and statutory offences, appeals, sexual offences and forcible confinement, criminal code, ss. 151, 152, 279(2), convictions for sexual interference, invitation to sexual touching and forcible confinement, grounds alleging trial unfairness and errors in credibility assessment, appellate deference to trial findings, appeal dismissed, procedure, trial fairness, browne v dunn principles, late, emerging testimony about “second meeting”, whether crown should benefit from unexpected disclosure, whether defence was legally prevented from recalling the victim, full answer and defence, criminal code, s. 802, r v cook, r v crosby, trial by ambush not established, appeal dismissed, evidence, credibility, w(d) framework, misapprehension of evidence, whether trial judge shifted burden of proof or applied uneven scrutiny to defence witness, standard for uneven scrutiny and appellate intervention, r v buboire, r v gf, material misapprehension test, r v lohrer, no reversible error in credibility findings, appeal dismissed