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The Court of Appeal allowed the appeal from a sexual assault conviction, finding material errors in the judge’s use of Browne v. Dunn and a misapprehension of evidence.
Because the convictions depended almost exclusively on inadmissible evidence and the Crown conceded the verdicts were unreasonable, the Court allowed the appeal, set aside the convictions and entered acquittals.
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The Court of Appeal granted leave and allowed an unopposed sentence appeal, reducing the sentence by 38 days to correct an arithmetic error in pre-trial custody credit.
The court accepted the Crown's concession as proper and correct and allowed the appeal, quashing the conviction and ordering a new trial.
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The Court of Appeal allowed the appeal from a robbery conviction after the Crown conceded the evidence could not support guilt, and entered an acquittal.
Because the Crown conceded the appeal must be allowed, the Court allowed the appeal, set aside the conviction and entered an acquittal.
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The admission of the challenged evidence was erroneous but was harmless because it did not cause any substantial wrong or miscarriage of justice; accordingly the conviction stands; there was no error in principle in the sentence and the sentence appeal is dismissed (leave granted).
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Because the Crown conceded that the conviction was wrongful under the Regulations made pursuant to s.86(3)(a) of the Criminal Code, the Court allowed the appeal and set aside the conviction.
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