R. v. D.V.

canada, canadian, case law, court opinion, canlii, onca, 2026onca611, 2026 onca 611 (canlii), 2026, onca, 611, (canlii), coa-22-cr-0147, 2026, procedure, criminal appeal, ineffective assistance of counsel, miscarriage of justice, r. v. fiorilli, r. v. g.d.b., r. v. k.k.m., whether incompetent representation led to an unreliable verdict, reasonable probability result would have been different, convictions quashed and new trial ordered, evidence, impeachment, prior inconsistent statements and omissions, police statement compared to testimony, whether cross, examination failed to challenge six new allegations and a contradiction about a photograph, impeachment value of omissions where witness was asked if anything else occurred, complainant’s evidence left essentially unchallenged, new trial ordered, procedure, fresh evidence on appeal, ineffective assistance record, affidavits and cross, examinations, police statements introduced, whether fresh evidence is admissible for assessing the ineffective assistance claim, parties’ agreement on admissibility accepted, fresh evidence admitted and relied on in analysis, appeal allowed and new trial ordered