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Ontario Court of Appeal dismissed a Crown appeal from acquittals on assault, choking and sexual assault charges, finding no legal error in the trial judge’s reasons.
On the facts the trial judge did not err: some after-the-fact conduct had probative value regarding whether the appellant acted in self-defence and the judge properly limited the use of that evidence for intent while cautioning the jury on inferences for self-defence; further, the charge adequately addressed the concurrence requirement by directing the jury to consider which shot caused the death and that intent must coincide with the fatal shot, so the jury was properly equipped and the appeal is dismissed.
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The Supreme Court of Canada dismissed the appeal, holding there was no reviewable error in the Court of Appeal’s refusal to admit fresh evidence for lack of cogency.
Leave to appeal refused because the claimant failed to identify an arguable reviewable error; the General Division reasonably found on the evidence that the claimant left the bus contrary to clear employer policy and prior warnings and therefore lost his job for misconduct, so the appeal has no reasonable chance of success.
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The Ontario Court of Appeal dismissed Saboon’s appeal, allowed Morrison’s appeal, substituted manslaughter for murder, and imposed a 14-month sentence.
Court accepted that the assault began as a reasonable self‑defence response but escalated into disproportionate, dominant and vengeful conduct while the victim was defenseless and in custody; weighing aggravating (violence, victim defenselessness, occurrence in prison) and significant mitigating factors (traumatic history, mental health/addiction diagnoses, acceptance of responsibility, active rehabilitation), the sentence that is fit and proportionate is 10 months imprisonment to be served straight, followed by 12 months probation with specified conditions; ancillary orders (DNA, lifetime we…
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The Ontario Court of Appeal granted bail pending appeal to Sheldon McFarlane, finding his self-defence jury-instruction ground clearly surpassed the not frivolous threshold.
The Crown proved beyond a reasonable doubt that Williams intentionally applied sexual and other force to AL without her consent based on AL’s credible, consistent testimony corroborated in part by contemporaneous text messages and photographs; defence explanations (self-defence/necessity/innocent mind) did not raise a reasonable doubt, so Williams is guilty of sexual assault and findings of guilt on related counts are recorded.
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The court held there was an air of reality to self-defence and defence of property in a manslaughter trial, and that s. 35 can apply to a guest who refuses to leave.
Court found the Crown proved identity, intentional application of force and bodily harm beyond a reasonable doubt. The defence of self‑defence possessed an air of reality and could justify the initial blows, but the accused exceeded defensive necessity in the second phase (re‑engaging after the complainant was non‑threatening and bent over), making subsequent force unreasonable and disproportionate; therefore the Crown disproved self‑defence for the latter portion and convicted under s.267(b).
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