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The Court of Appeal allowed Ravinder Singh Soomel’s appeal from a faint-hope screening refusal, holding the judge erred by attributing a second murder to him.
The court granted Mr. Yu leave to proceed to a jury hearing under s. 745.6 of the Criminal Code, finding a substantial likelihood of success despite the seriousness of the murder.
The appellate court allowed the appeal, set aside the convictions and ordered a new trial because the trial judge erred materially by telling the jury they could consider the convictions of co‑conspirators in assessing Gareau's knowledge and intention—a misdirection that went to the heart of the defence and caused a miscarriage of justice. The judge's misstatement of key witness Paul Derry's evidence was problematic but not alone dispositive.
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