The appellant was convicted of second-degree murder and sentenced to life imprisonment without parole eligibility for 12 years following a retrial.
He appealed the conviction and sentence, arguing that the trial judge improperly intervened during the cross-examination of the main Crown witness and erred in admitting clothing seized in breach of section 8 of the Charter.
The Court of Appeal dismissed the appeal, finding that the trial judge's interventions did not result in a miscarriage of justice and that the admission of the seized clothing would not bring the administration of justice into disrepute under section 24(2) of the Charter.
The court also upheld the 12-year parole ineligibility period, noting it reflected a careful consideration of mitigating and aggravating factors as well as the jury's recommendation.
