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The trial judge reasonably inferred specific intent as to one targeted witness from the appellant's recorded statements and the circumstantial evidence; the divergent verdicts were rationally reconcilable because the evidentiary cogency of intent differed between the two counts, therefore the conviction must be upheld and the appeal dismissed.
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The Court of Appeal for Ontario denied bail pending appeal in a child sexual interference case, finding the proposed appeal grounds weak and the public interest against release strong.
The Court of Appeal upheld convictions for fentanyl trafficking and firearm possession, but reduced the trafficking sentence from 13 years to 10 years for a youthful first offender.
Appeal dismissed in a drug and firearms case. The Court upheld the pre-trial handling of the search-warrant challenge, rejected Kienapple, and found the verdicts were not inconsistent.
The Court held the verdicts were reconcilable because the evidence supporting possession of the cash was materially stronger and distinct from the evidence on the cocaine; the trial judge reasonably found the circumstantial evidence excluded any reasonable alternative to guilt on the proceeds count and thus did not commit a Villaroman error; and the trial judge properly considered collateral immigration consequences and imposed a sentence within the acceptable range.
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The British Columbia Court of Appeal dismissed an appeal from a sexual assault conviction, rejecting claims of inconsistent verdicts and error in credibility findings.
The trial judge gave adequate reasons; the evidence, accepted as he reasonably did, established all elements of breach of trust including intent to use office for a non-public sexual purpose; the acquittal on sexual assault is reconcilable because different legal elements apply; sentencing was within permissible range and did not warrant appellate interference.
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The Court of Appeal set aside Jansen’s uttering a threat conviction as a miscarriage of justice, but dismissed his appeal from assault causing bodily harm.
The Court dismissed the appeal: the circumstantial evidence (surveillance, key to modified lock, matching reusable bag, possession of cash, large quantities of drugs and packaging materials in unit #411) supported a reasonable inference of constructive joint possession and trafficking such that the convictions were not unreasonable; the acquittal on the firearm was logically separable because the firearm was linked to another person; although the trial judge erred in admitting the officer's opinion evidence without qualification, that error was harmless and did not result in a substantial wro…
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The Court of Appeal upheld David Bruce Campbell’s sexual assault conviction, finding no inconsistency with the sexual interference acquittal and no reversible error.
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