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The Ontario Court of Appeal dismissed most of a sentence appeal in a child sexual offence case, set aside one unavailable prohibition order, and admitted fresh Gladue-related evidence.
The Court of Appeal for Ontario granted leave to appeal sentence but dismissed the sentence appeal, upholding the sentencing judge’s refusal to give enhanced pre-sentence custody credit.
The Ontario Court of Appeal dismissed conviction appeals in a cocaine trafficking case, finding no error in the trial judge’s circumstantial evidence analysis.
The Ontario Court of Appeal granted the Crown’s motion to bifurcate its sentence appeal from the respondent’s conviction appeal because delay in the conviction appeal could prejudice sentencing relief.
The Ontario Court of Appeal dismissed Mr. Giwa’s conviction appeal and sentence appeal, finding no reversible error in credibility findings or the sentence imposed.
Crown appeal allowed from sentence for sexual assault and voyeurism. BC Court of Appeal imposed consecutive custodial terms and set aside the conditional sentence order.
The trial judge did not err in his rulings on character evidence, consideration of the ketamine baggies, failure to give a corrective instruction, or the mistake of fact charge, and his factual findings supported the sentence; therefore the convictions and sentence appeal are dismissed.
Source excerpt
The application for bail pending appeal is dismissed because the proposed grounds of appeal are weak and do not present a reviewability interest that outweighs the strong public interest in immediate enforceability given the seriousness of the offence and compelling evidence of actual possession (videotaped transfer, large visible suitcase, lookout), so detention is necessary in the public interest.
Source excerpt
Crown appeal allowed from a conditional sentence for aggravated assault; the Court held immigration consequences were given excessive weight and imposed 42 months’ imprisonment.
Motion to bifurcate dismissed because the appellant was largely responsible for procedural delay, there were not compelling reasons to separate the appeals, and a sentence appeal concerning a dangerous offender designation would require review of the predicate offences and trial record, creating inefficient duplication of work.
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