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The Supreme Court held the handgun was a firearm under the Criminal Code and dismissed the appeal, upholding convictions and a new trial order.
The trial judge properly applied the W.(D.) framework and reasonably rejected the appellant's account; her credibility findings are supported by the evidence and entitled to deference. The complainant's evidence permitted the finding that intercourse was unprotected, which was a legitimate aggravating factor at sentencing. There was no error warranting overturning the conviction or interfering with the 18-month custodial sentence.
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The Court concluded the trial judge properly assessed and summarized the continuity and other circumstantial evidence, there was no gap in continuity of the shell-casing exhibits, the convictions were supported by the evidence and not unreasonable, and the sentence appeal was abandoned.
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The Court held the conviction for sexual assault was reasonable because a properly instructed jury could accept the complainant's account and forensic absence of DNA did not necessarily disprove penetration given possible condom use and lack of evidence of ejaculation; the trial judge did not err in independently determining facts for sentencing under s.724(2)(a), his reasons were sufficient for appellate review, and the three-year sentence was fit, so the appeal was dismissed.
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La Cour suprême de la Colombie-Britannique a traité une demande d’injonction dans un litige entre Powertech et d’anciens employés au sujet d’informations confidentielles, de clients et d’un fournisseur.
The conviction was reasonable because the trial judge permissibly accepted a dangerous witness's testimony when independently corroborated, reasonably inferred concoction of an alibi and deception, and relied on circumstantial and forensic evidence (handgun purchase/possession and DNA, cellphone and transactional records, presence in the area) to connect the appellant to the murder.
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The appeal is allowed and a new trial ordered because, while the jury could reasonably have found guilt on the evidence and the Crown's improper closing submissions were cured by timely and specific corrective instructions, the trial judge committed reversible error in responding to an in‑deliberation jury request for witness testimony by failing to seek clarification and by effectively refusing the readback/replay; the jury sought assistance on the central contested issue (identity of the assailant) and were discouraged from further questioning, which deprived them of necessary assistance an…
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The Court of Appeal dismissed Joel Conway’s appeal from convictions for break and enter and sexual assault, upholding the trial judge’s credibility findings and W.(D.) analysis.
The Court of Appeal dismissed Stephen George Fraser’s murder appeal, holding Crown cross-examination on disclosure was proper and the closing address fairly summarized the evidence.
The court found Tejwant Danjou guilty of second degree murder, holding the Crown proved subjective foresight of death despite intoxication and alleged delusional jealousy.
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