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The Ontario Court of Appeal dismissed an appeal from a conviction for the May 2023 sexual assault, finding no reversible misapprehension of evidence or insufficiency of reasons.
On appeal from sexual assault and bail-breach convictions, the court dismissed the ineffective-assistance challenge, but corrected a pretrial credit error and granted 13 additional days.
The Ontario Court of Appeal dismissed a sexual assault appeal, finding the trial judge’s comments and interruptions did not create a reasonable apprehension of bias.
The Ontario Court of Appeal upheld convictions in a multi-count domestic and sexual violence case, but reduced the net sentence from seven years to five years for failing to apply restraint.
The convictions were set aside because the trial judge, in assessing credibility integral to conviction, relied in part on the appellant's character and discreditable conduct revealed in group chat messages in a manner that constituted prejudicial propensity reasoning; however the dismissal of the s.11(b) application was upheld because the complainant's illness constituted a discrete exceptional circumstance that mitigated the delay and the appellant's late filing weighed against a stay.
Source excerpt
Although the judge found the complainant probably truthful and the accused not fully credible, a material inconsistency in the complainant's prior police statement about the mechanics of the touching ('put his hands down my pants') compared with her trial account, combined with plausible exculpatory testimony from the accused, produced a reasonable doubt; therefore the Crown failed to prove guilt beyond a reasonable doubt and the accused was acquitted.
Source excerpt
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 Ontario Court of Appeal dismissed Charles Kennedy’s appeal from convictions for assault, unlawful confinement and sexual assault, rejecting arguments about consent and delayed reporting.
La Cour suprême rejette l’appel et confirme une condamnation pour agression sexuelle, concluant que le ministère public n’avait pas à prouver l’heure exacte alléguée.
The Court of Appeal for Ontario held that the trial judge used the appellant’s admitted infidelity as prohibited propensity reasoning, set aside the convictions on counts 2 and 3, and ordered a new trial.
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