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The Ontario Court of Appeal dismissed Kenneth Greer’s sentence appeal and upheld a five-year global sentence for offences arising from escalating intimate partner violence and firearms offenses.
The Ontario Court of Appeal upheld convictions for intimidation and criminal harassment, but set aside the breach-of-undertaking conviction on count four and ordered a new trial on that count.
The Ontario Court of Appeal granted bail pending appeal, finding the appeal barely non-frivolous and the public-interest balance favoured release.
The Court of Appeal for Ontario dismissed Jason MacLaughlin’s conviction and sentence appeals in a circumstantial identity case involving online communications, phone records, and voice evidence.
The trial judge correctly applied W.(D.) and did not reverse the burden; the circumstantial evidence including motive, contemporaneous abusive threats promising disclosure, demonstrated access to at least one account, and the appellant's post‑event messages collectively established guilt beyond a reasonable doubt as the only reasonable inference.
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The appeal was dismissed because the trial judge did not misapprehend the evidence in a manner that caused a miscarriage of justice; the judge reasonably relied on the appellant's inconsistent testimony that he was standing in the doorway and would not permit the complainant to leave, and the stringent Lohrer/Sinclair standard for appellate intervention was not met.
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The voicemail was admissible because the appellant had no objectively reasonable expectation of privacy in a voicemail that, on the record, formed part of repeated harassing and threatening communications to the doctor; even if s.8 had been engaged, admission would not have warranted exclusion under s.24(2). The trial judge erred in admitting the unrecorded spontaneous confessions because the Crown failed to establish voluntariness on the sparse record, but that error was harmless under the curative proviso because the confessions added nothing material to issues in dispute; appeal dismissed…
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The mandatory minimum in s.286.1(2) was not struck down on these facts; six months imprisonment for s.286.1(2) is a fit and proportional sentence given the offender's age, abuse of trust, lack of remorse and the need for denunciation/deterrence. The Kienapple stay of the s.163.1(4) conviction was refused because the offences serve different statutory purposes and have distinct elements. Sentences were structured as: 6 months custody for s.286.1(2); 6 months concurrent for sexual assault and criminal harassment; a consecutive 6-month conditional sentence for s.163.1(4) with supervision and tre…
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The court granted Mr. Cook a conditional discharge for break and enter, with three years’ probation, a Rogers Order, a DNA order, and no victim surcharge.
The motion judges made no reversible legal errors and the applicant failed to show the required legal error or bias; discretionary refusals to grant an extension of time and to order production or summons are entitled to deference, therefore the panel review motions are dismissed.
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