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

Kelowna boat retailers worry about tit-for-tat tariffs by U.S. and Canada

A 10 per cent tariff on new boats coming into Canada is prompting big cuts to boat orders

UPDATE: Car engulfed in flames in Winfield

Firefighters were able to extinguish the burning car quickly

Used needle falls from sky in Vernon

A Vernon resident said a syringe fell out of the sky and landed at his feet

Mercury rises in the Okanagan-Shuswap

Temperatures reach about 36 C with humidex in the Okanagan and Shuswap

Kal Beach cleanup disgusts

Keep Kal Lake Blue collects straws, cigarette butts, bottle caps, band-aids, broken toys among garbage

VIDEO: Vernon-area students read for rank

RCMP visited JW Inglis on Wednesday as part of the Read with Me and the RCMP program.

Unfiltered: IPAs explained with Cannery Brewing brewmaster

Checking out the new IPA created by Penticton brewery Cannery Brewing Company

Man gets 2 years in prison for assault on Okanagan Correctional officer

Union rep said inmate sucker punched correctional officer, continued assault after officer fell

50 new fires sparked in B.C. after lightning strikes across province

Similar conditions seen at the beginning of 2017 wildfire season

B.C. woman graduates high school at age 92

Nanaimo’s Joan Deebank the oldest high school graduate ever in B.C., as far as ministry can confirm

B.C. Appeal Court rules lottery winner must be paid back $600,000 loan

Enone Rosas won $4.1 million in a lottery in 2007 and loaned a portion to a friend

Liquor review finds issues with B.C. wholesale monopoly

Report calls for ‘conflict of interest’ in system to be fixed

VIDEO: Vernon-area students read for rank

RCMP visited JW Inglis on Wednesday as part of the Read with Me and the RCMP program.

B.C. ‘will be ready’ for marijuana legalization

Public Safety Minister Mike Farnworth says some stores open by Oct. 17

Most Read