A judge told jurors there was no consent in law unless the complainant communicated it by words or conduct. That is not the law for the act of sexual assault. Combined with a Crown closing that said the accused had every reason to lie, the conviction could not stand.
R. v. C.L., 2026 ONCA 791 · Ontario · Trial judge error, Police or Crown misconduct
A divided court holds that telling a noncitizen she can stay in the country, when the plea in fact makes removal mandatory, is constitutionally deficient advice, and that corroborated testimony plus a plausible trial defense can show prejudice even without contemporaneous evidence.
Morillo v. United States, No. 25-2027 · United States (federal) · Ineffective lawyer
The accused argued the trial judge mishandled a witness who needed special caution, that new bail documents showed a motive to lie, and that the verdict was unreasonable. The court rejected all three, and left open whether the Vetrovec caution applies in sexual offence cases at all.
R v McFadden, 2026 MBCA 86, 2026 MBCA 86 · Manitoba · Fresh evidence, Unreasonable verdict
Because the formal order was never issued, the court still had power to reopen. It declined: the delay was largely unexplained, the proposed fresh evidence was not truly fresh, and nothing suggested a miscarriage of justice.
R. v. Chheda, 2026 ONCA 689 · Ontario · Fresh evidence, Ineffective lawyer
Twenty-four years after a jury convicted Jennifer Gaskin of manslaughter in the death of her newborn son, fresh expert reports undermined the pathology evidence that shaking caused the death. With the Crown's consent, the court found the conviction unsustainable because of flawed pathological evidence, set it aside, entered an acquittal and called her the victim of a miscarriage of justice.
R. v. Gaskin, 2026 ONCA 694 · Ontario · Flawed forensic science, Fresh evidence
Scotland's appeal court held that excluding a message and alleged jokes caused no miscarriage of justice. The defence had sought that evidence only to explain a remark the appellant made in his own call to the emergency services, and his own trial evidence gave a different explanation for it.
Nairn Sharp v His Majesty's Advocate, [2026] HCJAC 41 · Scotland · Trial judge error
The High Court of Justiciary refused an appeal against a conviction for attempting to murder a baby. It held that the expert's evidence did not go beyond her expertise in any way that caused a miscarriage of justice, that the prosecutor was entitled to rely on the appellant's delayed and shifting accounts, and that the trial judge's review of complex medical evidence was fair.
AA v His Majesty's Advocate, [2026] HCJAC 31 · Scotland · Flawed forensic science, Trial judge error
Matthew Berg argued the trial judge rejected his evidence simply because he believed the complainant. The Supreme Court of Canada found no error on these facts, but used the case to say that a conviction can never rest only on accepting the complainant's account.
When the Crown opened the door to evidence the trial judge had excluded, the judge had to revisit her ruling on her own initiative. A jury instruction and a yes or no question in re-examination did not restore a fair trial.
R. v. Weatherston, 2026 YKCA 5 · Yukon · Police or Crown misconduct, Trial judge error
A seven judge majority held the trial judge should have kept Awale Hussein's youth findings and violent convictions from the jury. Yet the evidence on identity and intent was so strong that the Court applied the curative proviso and dismissed the appeal.
R. v. Hussein, 2026 SCC 2 · Ontario · Trial judge error
A babysitter pleaded guilty to criminal negligence causing a toddler's death without being told that peer reviewers had found the pathologist's opinions unreasonable. The Court of Appeal quashed the conviction but only stayed the charge. The Supreme Court replaced the stay with an acquittal, splitting five to four on why.
R. v. Bouvette, 2025 SCC 18 · Canada (federal) · Evidence not disclosed, Flawed forensic science, False guilty plea
The Crown refused a judge-alone trial that would have finished on time. The Supreme Court held that the old "transitional" excuse for delay no longer applied, set aside the jury's verdicts and stayed the prosecution for breach of the right to be tried within a reasonable time.
R. v. Hanan, 2023 SCC 12; [2023] 1 SCR 467 · Ontario · Trial judge error
Undisclosed police records, a witness's requests for a deal and medical records had to be weighed together, not one by one. Taken together they undermined confidence in a capital murder verdict, so a new trial was required.
Wearry v. Cain, 577 U.S. 385 · Louisiana · Evidence not disclosed, Unreliable informant, Police or Crown misconduct
The Crown told the jury Leighton Hay shaved off his dreadlocks after a nightclub shooting. Nobody tested the hair at trial. Years later, forensic experts found the clippings came mainly from his face, and the Supreme Court of Canada admitted that evidence and set aside the convictions.
R. v. Hay, 2013 SCC 61, [2013] 3 S.C.R. 694 · Ontario · Flawed forensic science, Fresh evidence
The Board admitted scientific evidence that could have been obtained before trial, found the verdicts unsafe, refused to apply the proviso, and ordered a retrial rather than deciding the expert disputes itself.
Lundy v The Queen, [2013] UKPC 28 · New Zealand · Flawed forensic science, Evidence not disclosed, Fresh evidence