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The Ontario Court of Appeal upheld Damien Allred’s conviction, finding no reversible error in the trial judge’s refusal to let the in-custody accused sit at counsel table.
Because the Crown failed to prove beyond a reasonable doubt that the accused communicated with the complainant — the central element of the offence — and the accused's testimony could not be rejected, the accused was acquitted.
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The Supreme Court held that Saskatchewan’s inmate discipline standard of proof, on a balance of probabilities, violates ss. 7 and 11(d) of the Charter for major disciplinary offences.
Leave granted; SCAJ erred by reinterpreting and re-weighing trial evidence rather than identifying a material misapprehension, and erred in imposing a precondition of independent corroboration before a trial judge may reject testimony as dishonest for credibility assessment purposes; trial judge’s credibility findings were supportable and convictions were restored and remitted to the summary conviction appeal court to decide sentence.
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The court acquitted John Andrew Dunn on four drug-possession counts, finding the Crown had not proved knowledge and control of drugs in a closed bag in a borrowed car.
The judge found the evidence of the complainant and accused to be of equal credibility and reliability, and significant loss of contemporaneous evidence after a long delay meant the Crown did not prove the charges beyond a reasonable doubt; therefore the accused must be acquitted (guided by R v Kruk and principles protecting against stereotypical inferences).
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The accused was acquitted because (1) the court accepted his credible evidence that the fish in the black insulated containers were bait from earlier trips, creating reasonable doubt as to whether they were part of the day's catch, and (2) the prosecution failed to prove beyond a reasonable doubt the requisite one-hour interval between hail-in and docking due to imprecise and inconsistent time evidence; both external elements of the offences were therefore not established.
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Detention review under s. 525 of the Criminal Code. The court held the reverse-onus accused had shown a strict New Vision release plan could manage attendance and safety risks.
The court dismissed Mr. Hasan’s s. 525 detention review, finding continued detention justified on the tertiary ground despite a revised surety plan and disclosure delays.
The appeal is dismissed because the trial judge considered the whole of the evidence, properly applied legal principles (including caution about common-sense and stereotypical reasoning), and reasonably concluded on the totality of the evidence that the Crown had not proven lack of consent beyond a reasonable doubt; any identified errors were either non‑material or did not amount to reversible legal error.
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