LEGAL PRINCIPLE: APPELLATE PRACTICE – Role of Appellate Court – Limited Grounds for Interference with Findings of Fact
PRINCIPLE STATEMENT
Unless findings of fact are perverse, inconsistent with the evidence, or based on legally inadmissible evidence, it is not the business of the Court of Appeal to interfere with them.
RATIO DECIDENDI (SOURCE)
"Unless the findings of fact are perverse or inconsistent with the evidence or are otherwise based on the evidence not legally admissible, it is not the business of the Court of Appeal to interfere with them."
EXPLANATION / SCOPE
This principle reiterates the limited scope of appellate review of factual findings, identifying three specific grounds justifying interference. First, “perverse” findings are those so unreasonable that no reasonable tribunal properly directing itself could have reached such conclusions. Perversity requires more than disagreement—it demands demonstration that findings defy logic, common sense, or the weight of evidence. Second, findings “inconsistent with the evidence” include findings made without evidentiary support, contradicted by uncontroverted evidence, or involving misunderstanding or mischaracterization of evidence. This ground requires showing the findings lack foundation in the evidence actually presented. Third, findings “based on legally inadmissible evidence” are tainted by reliance on hearsay, privileged communications, improperly obtained confessions, or other evidence that should have been excluded. Findings substantially dependent on inadmissible evidence cannot stand. The principle reflects the institutional advantages of trial courts: they observe witnesses, assess demeanor, evaluate credibility, and experience the case as it unfolds. Appellate courts, reviewing cold records, lack these advantages and should defer to trial court assessments unless specific defects appear. The enumerated grounds are exhaustive—general dissatisfaction with findings, alternative interpretations of evidence, or different weight assessments do not justify interference. This framework maintains proper division between trial and appellate functions: trial courts find facts based on evidence; appellate courts ensure findings meet minimum standards of rationality, evidentiary support, and legal propriety. The principle prevents appellate courts from becoming substitute triers of fact while ensuring that fundamentally flawed findings are corrected