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Canada decisions
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Ontario Court of Appeal allowed both appeals in a murder case, holding that improper resemblance evidence, flawed W.(D.) instructions, and an improper closing warranted new trials.
On the totality of interlocking circumstantial evidence — DNA from the accused on restraint items central to the crime, phone metadata and images showing detailed reconnaissance and contemporaneous photographs of the victim, surveillance consistent with the accused's appearance and gait, and reliable eyewitness accounts — the Crown proved beyond a reasonable doubt that the accused planned, directed and participated in the home invasion and kidnapping; hypothetical prior‑touch explanations were speculative and unreasonable in context.
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The court admitted complainant evidence about long-standing lesbian identity and no other sexual contact with the accused, finding its probative value outweighed prejudice under Kinamore.
The Ontario Court of Appeal dismissed an appeal from a sexual-assault conviction, holding that no W.(D.) instruction was required on the evidence at issue.
The judge accepted the complainant’s account and objective medical and forensic evidence (Traumagram, physician findings, and a DNA match) as credible and probative; the complainant withdrew consent repeatedly during the sexual encounter and suffered injuries and petechiae consistent with choking; the accused’s denials were inconsistent with the medical record and not believed, and the Crown therefore proved beyond a reasonable doubt both sexual assault causing bodily harm and that the accused choked/strangled the complainant.
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The Court of Appeal for Ontario dismissed the appeal from sexual assault convictions, finding no palpable and overriding error in the trial judge’s credibility and evidence analysis.
The Court of Appeal for Ontario quashed Timothy Rees’s conviction after finding the undisclosed Raymer tape caused a miscarriage of justice, but ordered a new trial.
Sentencing for second-degree murder: life imprisonment with 13.5 years parole ineligibility, plus DNA, firearms prohibition and forfeiture orders.
The Supreme Court of British Columbia acquitted Jarrett Joseph Lernowich of sexual assault, finding the Crown failed to prove the actus reus beyond a reasonable doubt.
The Court of Appeal for British Columbia dismissed Brian De Paz’s bail pending appeal application after finding the appeal grounds very weak and the public interest against release.
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