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The Supreme Court held that post-verdict sentencing delay is assessed under a “markedly longer” test, not a fixed ceiling, and upheld a sentence reduction remedy.
A sexual assault conviction was upheld. The Court said R. v. J.J.R.D. is about appellate review of reasons, not a trial formula for W. (D.) analysis.
The Supreme Court held that delay caused by a co-accused’s counsel in a joint trial can be a discrete exceptional circumstance under s. 11(b), so the stay was set aside.
The Supreme Court allowed the Crown’s appeal, set aside a stay under s. 11(b) of the Charter, and held the project prosecution was particularly complex.
The Supreme Court dismissed the Crown’s appeal in a second-degree murder case, holding the trial judge relied on an out-of-court statement as hearsay and that no curative proviso applied.
The Supreme Court of Canada dismissed the appeal in R. v. Whitehawk, agreeing substantially with the majority reasons of the Saskatchewan Court of Appeal.
The Supreme Court of Canada allowed the respondent’s motion to adduce new evidence and dismissed the appeal. Reasons were to follow.
The Court of Appeal for Ontario dismissed the appeal in R. v. Khodayar, holding that Schertzer governed and that s. 13 did not protect the transcripts.
On sentence appeal in a sexual interference case, the Court upheld the 17-month custodial term but varied an overbroad s. 161(1) order.
The Ontario Court of Appeal granted leave but dismissed Jamel Stewart’s sentence appeal, upholding a 30-month sentence for firearms offences.
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