New trial ordered for Armstrong man

Long-term offender convicted of sexual assault and uttering threats wins appeal

A judge and jury will hear a new trial for an Armstrong man who successfully appealed his May 2015 conviction.

Joseph Vance Caron, born in 1969, was convicted for sexual assault, choking and uttering threats to cause death or bodily harm in connection with an incident in Armstrong in May 2014. He was sentenced in 2015 to six years and three months in jail and declared a long-term offender.

Caron cited three grounds for his appeal; two were thrown out by a trio of Court of Appeal judges, but the judges agreed unanimously that the third ground — that the sentencing judge misapprehended the evidence in his assessment of Caron’s credibility — had been met.

“The appellant was entitled to have his credibility evaluated in a manner untainted by misapprehensions of the evidence going to the heart of the judge’s reasoning process,” wrote Justice Gregory Fitch in his reason for granting the new trial.

“In my view, that did not occur in this case. As a consequence, a new trial is required.”

Caron requested the new trial be composed of a judge and a jury.

No date for the new trial has been set.

Comments are closed

Just Posted

115 new wildfires burning across B.C. due to 19,000 lightning strikes

More fires expected to start today, says BC Wildfire Service officials

B.C. Wildfire Service responding to Cawston area fire

A Thursday afternoon thunderstorm is suspected to be the cause of a wildfire near Cawston

RDOS board investigates using Penticton admin building

Regional elected officials voted to have new board look at feasibility of a joint admin building

Severe thunderstorm watch issued for the Okanagan

Possible rainfall rates of up to 25 milimetres in one hour.

Penticton Art Gallery auction ranges from the iconic to the obscure

The Penticton Art Gallery is holding it’s largest fundraiser of the year June 28.

Humans locked in for love at Kelowna Shelter

BC SPCA Lock-In for Love hopes to raise $25,000

Fireworks and fires over a half-metre banned Friday in Kamloops centre

B.C. Wildfire Service banning to category 2 and 3 fires in Kamloops Fire Centre at noon Friday

Rescued Oregon family simply unprepared for adventure, RCMP say

Agencies now helping the group of four get to their destination in Alaska

Large B.C. tree dies after possible poisoning

Police and District investigate after large chestnut tree’s rapid decline

Rural Oliver cannabis production facility gets go ahead

RDOS directors voted to allow a variance permit for a rural Oliver medical cannabis facility

Canucks release 2018-19 season schedule

Vancouver to face Calgary Flames on Wednesday, Oct. 3, for home opener

VIDEO: Luxury Home and Design Show opens with Italian flare

Event set to run Friday to Sunday at BC Place in Vancouver

Small new charge on BC Hydro bills goes toward new crisis fund

The new fund aims to help customers who find themselves in financial emergencies

UPDATED: Crown appeals B.C. polygamous leader’s acquittal in child bride case

James Oler had been charged with taking his underage daughter to the U.S. to marry her off

Most Read