The appellant appealed his conviction and sentence, arguing the trial judge erred by admitting an agreed statement of facts from a previous mistrial and that doing so violated his s. 13 Charter rights.
The Court of Appeal dismissed the conviction appeal, finding the statement was a voluntary admission and not equivalent to prior testimony.
However, based on fresh medical evidence, the court granted leave to appeal the sentence and deleted the requirement for 200 hours of community service from the appellant's conditional sentence.
