A. Cappell

The appellant appealed his conviction for aggravated assault following a stabbing, arguing the trial judge misapprehended evidence regarding residue on a gate and erred in finding certain evidence confirmatory of the victim's testimony.

The Court of Appeal held that the trial judge reasonably relied on a police officer's opinion that the residue was blood.

Furthermore, the court found that the trial judge, who treated the victim as a Vetrovec witness, was justified in concluding that multiple independent items of evidence cumulatively confirmed the victim's testimony.

The appeal was dismissed.

The appellant appealed his sentence, seeking enhanced credit for pre-trial custody.

The Crown conceded the appeal, as the original sentence was imposed before the Supreme Court of Canada's decision in Summers.

The Court of Appeal granted the appellant credit for 24 months of pre-trial custody at a rate of 1.5 to 1, reducing the sentence by 12 months.