Sufficiency of Reasons

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General Principles

The accused may appeal from a verdict on the basis that that reasons of the Court were insufficient. The sufficiency of reasons is not a "standalone" ground of appeal. Rather it is a component to a ground of appeal for "reasonable verdict" under s. 686(1)(a)(i) or for a "miscarriage of justice" under s. 686(1)(a)(iii).

Purpose of Reasons

The goal of giving reasons is to "show why the judge reached his or her conclusion".

There is also the legal presumption that judges know the law and apply it correctly. The need for reasons is balanced against the danger of "slow[ing] the system of justice immeasurably." Judges give oral reasons on a daily basis, frequently limiting their reasons to the essential points. A reviewing court cannot "require them to explain in detail the process they followed to reach a verdict."

Generally, reasons are needed to address any confused or contradictory evidence on an important issue.

Burden

The burden is upon the appellant to show that the judge gave insufficient reasons.

Standard of Proving Insufficiency

The standard of review with respect to the insufficiency of reasons is on the standard of "adequacy". The reasons will be adequate " if, when read in their entire context, they fulfill the threefold purpose of informing the parties of the basis of the verdict, providing public accountability and permitting meaningful appeal."

The judge must only demonstrate "he came to grips with the issues thus defined by the defence".

To form a valid ground of appeal the appellant must show that 1) the reasons were insufficient and 2) that the deficiency created "prejudice to the exercise of his or her legal right to an appeal in a criminal case"

No Need to be Comprehensive

The judge is not required to "answer every argument, reconcile every frailty in the evidence, refer to all the conflicting evidence, and set out every finding made in reaching a verdict".

There is no need to reference in the written judgement every item of evidence that was adduced.

Just because the judge failed to address every consideration they made does not mean they failed to consider other reasons or did not exercise discretion judiciously.

Necessary Elements

Reasons for judgement will be sufficient where the reasons "read in context, show why the judge decided as he did" on the appropriate counts.

The judge is required to give reasons for his or her decision on verdict.

A judgement is sufficient if when "read in context, show why the judge decided as he or she did".

Appellate review must take a "functional approach" when considering the sufficiency of reasons. A functional approach requires examination fo the evidence and submissions of counsel.

In a case that turns on determination of credibility, the reasons should be "considered in light of the deference afforded to trial judges on credibility findings". Intervention on this basis for credibility cases should be "rare". Absent a "palpable and overriding error by the trial judge" the perception of the judge should be respected.

There is no obligation upon judges to address every argument made by counsel. Nor must the judge articulate consideration of every part of the evidence.

The Criminal Code specifically mandates judges to give reasons on certain circumstances, such as when determining the admissibility of a complainant's prior sexual history ; ordering the production of prior personal information (s. 278.8(1)); and when imposing a sentence .

The reason must "sufficiently intelligible" to permit appellate review.

A verdict must be based exclusively on admissible evidence heard at trial. If a trial judge has misapprehended the evidence, including resorting to material not before him or her, and the errors "play an essential part in the reasoning process resulting in a conviction then … the accused’s conviction is not based exclusively on the evidence and is not a “true” verdict".

Credibility

On findings concerning credibility focus on analysis "should be directed at whether the reasons respond to the case's live issues, having regard to the evidence as a whole and the submissions of counsel" This however does not require "reasons to be so detailed that they allow an appeal court to retry the entire case on appeal. There is no need to prove that the trial judge was alive to and considered all of the evidence, or answer each and every argument of counsel." Credibility cases require that the court sufficiently articulate how credibility concerns have been resolved. Failure to do so may be a reversible error.

Credibility assessments should be accorded a high degree of deference.

Inconsistent Verdicts

Where the judge or jury provides verdicts that are "irreconcilable such that no reasonable jury, properly instructed, could possibly have rendered them on the evidence" then the verdict is unreasonable.

Timing of Reasons

Reasons for decision may not be valid where the delay between the ruling and the release of reasons are such that "a reasonable person could not be satisfied that the reasons for judgment actually reflect the reasoning process that led to the decision".

All reasons released "are presumed to reflect the reasoning that led him [the trial judge] to his decision". The presumption is rebuttable by factors including the passage of time which causes "a reasonable person would apprehend that the written reasons are, in effect, an after-the-fact justification for the verdicts rather than an articulation of the reasoning that led to the decision".

Standard of Review

The reasons are to be examined in a functional test. "The requirement of reasons is tied to their purpose and the purpose varies with the context" The functional and substantive manner means taking the reasons, "as a whole, in the context of the evidence, arguments, and the live issues at trial, with an appreciation of the purposes or functions for which reasons are given. There must be a logical connection between the verdict and the reasons.

The purpose of the reviewing court is to "isolate those situations where deficiencies in the trial reasons will justify appellate intervention and either an acquittal or a new trial".

When considering sufficiency, it is not the decision alone that should be considered but rather "what the trial judge has stated in the context of the record, the issues and the submissions of counsel at trial".

Where an oral and written decision contains inconsistent findings and reasons to key findings, a new trial may be warranted.

A trial judge's reasons should be reviewed on a "standard of adequacy". The reasons are adequate if, as a whole, accomplish three purposes:

1. informing the parties of the basis of the verdict,
2. providing public accountability and
3. permitting a form of appeal.

Failure to evaluate a complainant's evidence in light of independent contradictory evidence is a reverseable error.

Inadequate reasons alone does not warrant appeal unless the deficiency creates a "prejudice to the exercise of his or her legal right to an appeal in a criminal case."

There are three categories of cases where prejudice is caused by deficient reasons:

1. Allegation of unreasonable verdict cases;
2. Allegation of error of law cases; and
3. Miscarriage of justice cases.

Insufficient reasons are an error of law when they prevent any meaningful appellate review.

See Also

• Trial Verdicts