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The Court of Appeal dismissed Alan Kenneth Watson’s appeal from a child pornography conviction, finding his police statement admissible and the trial judge’s image findings supportable.
The court dismissed Mr. Dixon’s habeas corpus application, holding that refusal of full parole is not reviewable by habeas corpus and parole revocation issues belong in the CCRA/FCA review scheme.
The court set aside a DNA warrant after finding the excised affidavit did not establish reasonable probability that Colin Stewart was a party to the murder.
Arrest of Kyle Cater was lawful on January 15, 2009; the seizure of his Samsung cell phone was a lawful search incident to that arrest; on these facts the delayed forensic analysis conducted by qualified personnel without a warrant did not violate s.8 because the device was an unsophisticated non-smart phone, seized in a Part VI wiretap investigation, processed according to best practices, and the search was truly incidental to the arrest; alternatively, even if a technical breach occurred the s.24(2) factors weigh against exclusion of the evidence.
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