R. v Moylett

canada, canadian, case law, court opinion, canlii, nlca, 2026nlca22, 2026 nlca 22 (canlii), 2026, nlca, 22, (canlii), 202401h0022, 2026, criminal and statutory offences, criminal appeal, jury trial convictions, circumstantial crown case, identity central, whether curative proviso under criminal code, s. 686(1)(b)(iii) could uphold verdict despite error of law, error not harmless, evidence not overwhelming, proviso not applied, convictions quashed and new trial ordered, criminal and statutory offences, appellate remedy, new trial or acquittals, criminal code, s. 686(2)(a), whether acquittals should be entered on appeal, test for acquittal where no evidence upon which properly instructed trier could convict, some evidence capable of supporting conviction, new trial appropriate, new trial ordered, evidence, hearsay, police database record, canada evidence act, s. 30(7), s. 30(10)(a)(i), whether trial judge erred by admitting hearsay evidence of accused’s address for its truth, no notice for statutory business record, no principled exception analysis, voir dire failed to address hearsay, error of law, convictions set aside and new trial ordered