R. v. Sabourin
The fresh evidence demonstrated trial counsel's ineffective assistance by failing to call evidence that could have explained inaccuracies in the appellant's statement and affected his credibility; because counsel offered no reasonable explanation for not calling that evidence, a miscarriage of justice occurred and...
Source-derived case information.
- Citation
- C30238
- Parties
- Appellant: Richard Sabourin; Respondent: Her Majesty the Queen
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 3 December 2001
- Procedural Posture
- Criminal / Appeal From Conviction and Sentence; New Trial Ordered
- Outcome
- Appeal allowed; conviction set aside; new trial ordered
- Legal Topics
- Ineffective Assistance of Counsel, Fresh Evidence, Miscarriage of Justice, Credibility Assessment, Statement Admissibility
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Richard Sabourin
Appellant
Her Majesty the Queen
Respondent
Procedural Posture
Criminal / Appeal From Conviction and Sentence; New Trial Ordered
Legal Issues
- 1 Whether fresh evidence demonstrates ineffective assistance of counsel
- 2 Whether ineffective assistance resulted in a miscarriage of justice requiring a new trial
- 3 Whether fresh evidence would or could affect admissibility/impact of a statement and the appellant's credibility
Ratio Decidendi
The fresh evidence demonstrated trial counsel's ineffective assistance by failing to call evidence that could have explained inaccuracies in the appellant's statement and affected his credibility; because counsel offered no reasonable explanation for not calling that evidence, a miscarriage of justice occurred and the conviction was set aside with a new trial ordered.
Court Disposition
Appeal allowed; conviction set aside; new trial ordered
Orders
- Appeal allowed
- Conviction set aside
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Sabourin Collection Decisions of the Court of Appeal Date 2001-12-03 Docket numbers C30238 Judges Laskin, John Ivan; Rosenberg, Marc; Moldaver, Michael James Subject Criminal Decision Content DATE: 20011203 DOCKET: C30238 COURT OF APPEAL FOR ONTARIO RE: HER MAJESTY THE QUEEN (Respondent) –and– RICHARD SABOURIN (Appellant) BEFORE: LASKIN, ROSENBERG and MOLDAVER JJ.A. COUNSEL: Richard Sabourin, the appellant in person Grace Choi, for the respondent HEARD: November 26, 2001 RELEASED ORALLY: November 26, 2001 On appeal from the conviction imposed by Justice Norman M. Karam, without a jury, dated June 4, 1998 and from the sentence imposed by Justice Karam dated July 2, 1998 ENDORSEMENT [1] We have concluded that this appeal must be allowed and a new trial ordered. [2] The fresh evidence demonstrates that the appellant did not receive effective assistance of counsel and we are satisfied that a miscarriage of justice was occasioned. [3] Assuming, without deciding, that the fresh evidence would not have been sufficient to lead to exclusion of the statement, that evidence might well have provided an explanation for the inaccuracies in the statement. The trial judge could well have taken a different view of the appellant’s credibility in those circumstances. Trial counsel was unable to provide a reasonable explanation for not calling this evidence. As it was, the trial judge used the statement to undermine the appellant’s credibility at trial and reject crucial parts of his testimony. [4] Accordingly, the appeal is allowed, the conviction set aside and a new trial ordered. In considering whether to proceed with a new trial, the Crown will no doubt take into account that the appellant has already served the sentence imposed. Signed: “John Laskin J.A.” “M. Rosenberg J.A.” “M.J. Moldaver J.A.”