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R v Komoartok

CanLII (Federation of Law Societies of Canada)
CanLII · Legal · License: Open Access
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canadacanadiancapcaselawcourtopinionevidenceself
canada, canadian, case law, court opinion, canlii, nuca, 2025nuca9, 2025 nuca 9 (canlii), 2025, nuca, 9, (canlii), 10-24-002-cap, 2025, criminal infractions, assault causing bodily harm, self, defence, appellant convicted of assault with a weapon and breach of probation, did the trial judge err in concluding the appellant was the aggressor and not acting in self, defence?, trial judge found no air of reality to the appellant’s claim of blacking out from fear, significant deference owed to trial judge’s findings of fact and credibility assessments, evidence, discreditable conduct, propensity reasoning, appellant questioned about past involvement in fights, did the trial judge improperly rely on evidence of past conduct to conclude the appellant was the aggressor?, evidence of past fights used to assess credibility, not as proof of propensity, r v handy framework applied to assess probative versus prejudicial value, criminal procedure, credibility assessment, application of r v w(d), trial judge found inconsistencies in complainant’s evidence but accepted core allegations as reliable, did the trial judge misapply the w(d) test?, trial judge properly instructed on w(d) and provided detailed reasons for credibility findings, no palpable and overriding error demonstrated, evidence, photographic and medical evidence, misapprehension of evidence, appellant argued trial judge misused photographic and medical records without expert evidence, did the trial judge err in relying on this evidence?, trial judge entitled to assess photographic evidence and medical records as corroborative of complainant’s injuries, no misapprehension of evidence shown
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