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 Chamber of Commerce hears cases for and against proportional representation

Official proponent and opponent speak about the pros and cons of changing how we vote provincially

Cirque du Soleil’s Corteo comes to captivate Kelowna

The show premiers Oct. 17 at Prospera Place

Kelowna mayoral candidates spar over support

Tom Dyas claims Colin Basran’s former campaign manger from seven years ago ‘abandoned’ him

WATCH:Tommy Chong has a special message for Kelowna

Chong was meant to attend a legalization day party that has now been rescheduled

Temporary detour on Boucherie Road detour changes

The detour will be Oct. 19 and 20 for paving

Watch it again: Kelowna mayoral candidates square off

Missing the LIVE Kelowna mayoral debate watch now

Jagmeet Singh says marijuana pardons are not enough

Trudeau government will streamline pardon process for Canadians convicted of simple possession of marijuana in the past

BC Ferries begins taking debit in two-month pilot project

Company is giving customers option to use Interac on two-month trial on select vessels

Caregivers banned from smoking, growing cannabis around children-in-care: MCFD

Ministry has limited cannabis use for caregivers, stating it may “pose a risk to children and youth.”

Cheaper strains sell out within minutes on online BC Cannabis Store

Province says new strains will become available in the coming months

Only 40% of B.C. car dealerships have electric cars available: report

Researchers found buyers frustrated at the lack of options

VIDEO: Millionaire Lottery returns to give back and win big

Since 1996, Millionaire Lottery has raised $52 million for the VGH+UBC Hospital Foundation

Baby boomer buba shares heartfelt novel with Okanagan audience

Pauline Daniel will be at Vernon’s Bookland and library Oct. 20

Most Read