Andrew Cappell

The appellant, who speaks Taishanese and has no English language capability, was convicted of second degree murder.

On appeal, he argued that his right to an interpreter under section 14 of the Charter was breached because the interpreter provided for the first half of his trial interpreted in Cantonese rather than Taishanese.

The Court of Appeal admitted fresh evidence confirming the linguistic differences between the two languages and the interpreter's use of Cantonese.

The Court found that the interpretation fell below the constitutionally guaranteed standard, creating a real possibility that the appellant did not understand the proceedings.

The appeal was allowed and a new trial was ordered.

The appellant appealed his conviction for possession of child pornography, arguing the jury's verdict was unreasonable and that expert evidence was required to prove his knowledge and control of the files.

The police found a computer in the appellant's bedroom containing over 3,800 images of child pornography.

The Court of Appeal held that the jury was entitled to rely on circumstantial evidence, including the appellant's computer expertise and the testimony of his housemate, to conclude that the only rational inference was that the appellant knew the images were on his computer.

The appeal was dismissed.

The accused was charged with drug trafficking and firearms offences after police executed a search warrant at his apartment and found crack cocaine, cash, and a loaded handgun in a safe.

The accused challenged the validity of the search warrant and the lawfulness of the search under the Charter.

The court upheld the search warrant, finding the confidential informant information reliable, and ruled the search of the safe was authorized by the warrant.

During the trial, an unusual procedural issue arose requiring defence counsel to testify regarding a prior inconsistent statement made by a defence witness.

Ultimately, the court rejected the accused's testimony that he did not know about the gun, finding him guilty of possession of a loaded prohibited firearm, possession of cocaine for the purpose of trafficking, and possession of proceeds of crime.