R v Profeit, 2021 ABCA 379

"...the standard of proof in a criminal case: Villaroman, para 55; R v Bjornson, 2018 ABCA 282, para 17, 365 CCC (3d) 175; R v Profeit, 2021 ABCA 379, paras 72-74, 407 CCC (3d) 494; R v Anny, 2021 ABCA 394, para 27; R v Dipnarine, 2014 ABCA 328, para 22, 316 CCC (3d) 23 Such a verdict in a circ..."

"...don’t even know her.” [327]       The Court of Appeal’s decision in R v Profeit, 2021 ABCA 379 quotes from the trial decision at para 56, where Justice Pentelechuk, as she then was, stated that “As defence counsel points out, Profeit..."

"...available on the totality of the evidence: R v WH, 2013 SCC 22 at paras 2, 26; R v Villaroman, 2016 SCC 33 at paras 55, 71; R v Profeit, 2021 ABCA 379 at paras 72-74; Rakka at para 17; RP at paras 9-10. A judge's assessment of “the only available inferences” ? excluding alternatives ? can b..."

"...reweigh the evidence and retry the case: R v Demedeiros, 2018 ABCA 241 at para 5, aff'd 2019 SCC 11, [2019] 1 SCR 568; R v Profeit, 2021 ABCA 379 at paras 69-71, 407 CCC (3d) 18 Moreover, insufficiency of reasons, on its own, is not a standalone ground of appeal warranting overturning ..."

"...merely because the appeal court concludes that the evidence, including its gaps, gives rise to competing inferences: R v Profeit, 2021 ABCA 379, para 74, 407 CCC (3d) 46 In this case, the question the trial judge was required to answer was whether the evidence, including its gaps, gave rise..."

"...the standard of proof in a criminal case: Villaroman, para 55; R v Bjornson, 2018 ABCA 282, para 17, 365 CCC (3d) 175; R v Profeit, 2021 ABCA 379, paras 72-74, 407 CCC (3d) 494; R v Anny, 2021 ABCA 394, para 27; R v Dipnarine, 2014 ABCA 328, para 22, 316 CCC (3d) 23 Such a verdict in a circ..."

"...don’t even know her.” [327]       The Court of Appeal’s decision in R v Profeit, 2021 ABCA 379 quotes from the trial decision at para 56, where Justice Pentelechuk, as she then was, stated that “As defence counsel points out, Profeit..."

"...available on the totality of the evidence: R v WH, 2013 SCC 22 at paras 2, 26; R v Villaroman, 2016 SCC 33 at paras 55, 71; R v Profeit, 2021 ABCA 379 at paras 72-74; Rakka at para 17; RP at paras 9-10. A judge's assessment of “the only available inferences” ? excluding alternatives ? can b..."

"...reweigh the evidence and retry the case: R v Demedeiros, 2018 ABCA 241 at para 5, aff'd 2019 SCC 11, [2019] 1 SCR 568; R v Profeit, 2021 ABCA 379 at paras 69-71, 407 CCC (3d) 18 Moreover, insufficiency of reasons, on its own, is not a standalone ground of appeal warranting overturning ..."

"...merely because the appeal court concludes that the evidence, including its gaps, gives rise to competing inferences: R v Profeit, 2021 ABCA 379, para 74, 407 CCC (3d) 46 In this case, the question the trial judge was required to answer was whether the evidence, including its gaps, gave rise..."