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.