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R v Fehr

CanLII (Federation of Law Societies of Canada)
CanLII · Legal · License: Open Access
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canadacanadiancase-lawevidenceproceduresentencing
canada, canadian, case law, court opinion, canlii, skca, 2026skca98, 2026 skca 98 (canlii), 2026, skca, 98, (canlii), cacr3958; cacr3965, 2026, criminal and statutory offences, sexual offences against children, sexual interference, criminal code, s. 151, conviction appeal challenging credibility analysis and w.(d.) findings, whether credibility findings were reviewable absent palpable and overriding error, complainant evidence largely accepted, defence evidence rejected, conviction appeal dismissed, evidence, credibility and reliability, misapprehension and impermissible reasoning, whether trial judge relied on irrelevant or inappropriate considerations in assessing witnesses, alleged uneven scrutiny, omissions, inconsistencies, and “common, sense” assumptions about photograph, kruk applied to “common, sense” allegations, no reviewable error found, appeal dismissed, procedure, criminal trial, reasonable doubt, w.(d.), whether defence evidence was neutralized by “unless corroborated” approach before w.(d.) analysis, second and third stages of w.(d.) applied after credibility assessment, trial judge considered whole of evidence and reasonable doubt, no misapplication established, conviction appeal dismissed, evidence, disclosure timing, authenticity of documents, whether prompt disclosure could bolster credibility in factual mosaic, d.d. and a.r.j.d. distinguished, s.g. applied, whether exhibit p, 1 authenticity required proof beyond a reasonable doubt, preliminary findings on balance of probabilities upheld, no legal error, appeal dismissed, criminal and statutory offences, sentencing, fitness of sentence, sexual interference, criminal code, s. 151, whether 14, month custodial sentence was demonstrably unfit under lacasse and friesen, parity and proportionality assessed with post, friesen authorities, sentence found clearly inadequate, leave granted, sentence varied to 2 years less a day, probation and ancillary orders maintained
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