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The Court of Appeal for Ontario upheld Peter Nygard’s convictions and 11-year sentence, finding the expert-evidence error harmless, similar-fact use proper, and fresh sentencing evidence unhelpful.
Although the appellant's grounds surpass the 'not frivolous' threshold and warrant consideration of reviewability, enforceability outweighs reviewability because the offence was very serious, the sentence was substantial (4.5 years), there are residual safety concerns from the appellant's history of violence against intimate female partners, and the proposed interprovincial release plan with an out-of‑province surety did not provide sufficient confidence in enforceability and supervision; accordingly, a reasonable member of the public would lose confidence if the appellant were released and t…
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The Court of Appeal for Ontario dismissed an appeal from firearm convictions, upholding a late Leaney application, the s. 11(b) delay analysis, and the identity findings.
La Cour rejette l’appel de la peine de M. Rogers, ordonne la collecte d’ADN et corrige certaines conditions de probation, mais refuse une ordonnance fondée sur le par. 161(1).
Ontario Court of Appeal dismissed Umair Khawaja’s conviction appeal and upheld his seven-year sentence for sexual offences against a 15-year-old complainant.
The time extension was granted because the appellant demonstrated a bona fide intention to appeal and a reasonable excuse (reliance on Legal Aid), and exceptional circumstances existed—two closely related continuous custody orders with overlapping evidence—such that fairness required both appeals be heard together; the interim application appeal was struck because the continuous custody order rendered the interim context moot and any relevant issues can be raised in the continuous custody appeal.
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The appeal is dismissed because the trial judge's credibility and reliability findings were supported by the evidentiary record and lawful reasoning: the forensic nurse's observations could be given limited corroborative weight without expert linkage to a specific mechanism, the judge permissibly accounted for trauma in explaining peripheral inconsistencies, and the impugned 'common‑sense' assessments were case‑specific inferences grounded in the record rather than unlawful assumptions; no legal or palpable and overriding error was shown.
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Ontario Court of Appeal dismissed a criminal conviction appeal, holding the trial judge properly assessed credibility, fabrication, W.(D.), and motive-to-lie arguments.
Ontario Court of Appeal upheld convictions for sexual offences and dismissed most sentence concerns, reducing the global sentence by four months on two counts.
The Court of Appeal dismissed a motion for reconsideration as moot after the Divisional Court granted anonymization and a publication ban.
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