New trial ordered for Armstrong man

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

Update

Nearly five years after the offence was alleged to have occurred, Joseph Vance Caron walked out of Vernon Law Courts Monday as a free man.

Caron, born in 1969, was before Justice Alison Beames in Supreme Court after he successfully appealed his May 2015 conviction and was granted a new trial. However, during that trial’s second week before the courts Monday, March 11, the complainant failed to respond under cross-examination by defence lawyer Alexander Watt, and Crown prosecutor Neil Wiberg directed the court to enter a stay of proceedings.

Related: Stay of proceedings in Armstrong sexual assault trial

Original

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

Clouds Sunday, sunshine and heat Monday

Weather forecast for the Okanagan, Shuswap and Similkameen looks spectacular

Galena Trail boardwalk replacement proceeding as planned

The project is under the sponsorship of the Kootenay Adaptive Sports Association (KASA)

Born and raised Revelstokian launching an NGO to help children in Kenya

Deanne Berarducci has been volunteering abroad since 2012

VIDEO: B.C. woman meets biological mother, 38 years later

Mother never gave up hope of finding daughter, despite all the obstacles

Church building has been a landmark on Summerland’s Butler Street

Neighbourhood in Lowertown has gone through changes over the years.

Vernon team wins second straight NOSL title

North Enderby Timber crushes Salmon Arm Beer Badgers 8-1 in soccer league championship

Okanagan MMA fighter captures middleweight belt at home

Jordan Cabrejos scores victory at XFC Unbanned, the return of mixed martial arts to Vernon

B.C. VIEWS: Pipelines set to roll as federal politicians posture

Projects to drive B.C., Canadian economy in years ahead

B.C. Lions fall to 1-9 after 13-10 loss to Ticats

Lowly Leos have dropped six straight CFL contests

Man shot near Coalmont airlifted to hospital

A man was shot near Coalmont B.C. Saturday afternoon. The victim was… Continue reading

VIDEO: B.C. woman meets biological mother, 38 years later

Mother never gave up hope of finding daughter, despite all the obstacles

B.C. man who died after rescuing swimmer was known for helping others

Shaun Nugent described as a dad, a coach, a hero and ‘stand-up guy’ at celebration of life

Most Read