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R. v Tracy Curran

CanLII (Federation of Law Societies of Canada)
CanLII · Legal · License: Open Access
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canadacanadiancaselawcourtopinionevidenceprocedurere
canada, canadian, case law, court opinion, canlii, pescad, 2026peca12, 2026 peca 12 (canlii), 2026, peca, 12, (canlii), s1-ca-1542, 2026, criminal and statutory offences, controlled drugs and substances act offences, possession for the purpose of trafficking, possession of cocaine and oxycodone in vehicle and bag, cellphone messages consistent with trafficking activities, expert opinion on packaging, weight, digital scales and paraphernalia, convictions under controlled drugs and substances act, s. 5(2) upheld, appeal dismissed, procedure, criminal appeals, unreasonable verdict, criminal code, s. 686(1)(a)(i), whether verdict was one a properly instructed trier could reasonably have rendered, deference to trial judge credibility findings in judge, alone trial, re, examination and limited re, weighing of evidence on appeal, verdict supported by evidence, appeal dismissed, evidence, appellate review, misapprehension of evidence, whether trial judge failed to consider relevant evidence or made material mistake, requirement for nexus between misapprehension and adverse result, alternative inferences on ownership of drugs and authorship of texts rejected, trial reasons disclose no material misapprehension, ground of appeal dismissed, procedure, fresh evidence on appeal, ineffective assistance of counsel, criminal code, s. 683(1)(d), s. 684, whether proposed fresh evidence was admissible, credible, reliable, and capable of impacting outcome, performance and prejudice framework, strong presumption of reasonable professional assistance, no demonstrated miscarriage of justice, motion to admit fresh evidence dismissed, appeal dismissed
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