Apple Newton-Smith

The appellant was convicted of first-degree murder in the shooting death of Glen Davis in a Toronto parking garage.

The appellant's nephew orchestrated the murder and recruited the appellant and others to carry it out.

The appellant's defence was that he had a last-minute change of heart and did not shoot Davis, but rather his co-accused did.

The appeal raised three grounds: that the trial judge unjustifiably curtailed cross-examination of key Crown witnesses; that the trial judge erred in giving a Browne v. Dunn instruction; and that the trial judge erred in his charge regarding post-offence conduct.

The appellate court dismissed all grounds of appeal, finding that despite some questionable interventions, the trial was fair and the conviction was supported by compelling evidence.

The appellant appealed both his conviction and sentence for sexual assault against his stepdaughter.

The appellant argued that the trial judge applied a higher level of scrutiny to his evidence than to the Crown's evidence, and failed to adequately address the improbability of the assaults occurring in the family room with the mother potentially nearby.

The Court of Appeal upheld the conviction and sentence, finding that the trial judge's reliance on the appellant's admissions at the time of arrest was well-founded and that his assessment of the evidence disclosed no error.

The appellant appealed his sentence of two years' imprisonment for criminal negligence causing bodily harm.

The appellant had attempted suicide by driving his vehicle into a hydro pole, causing debris to strike and seriously injure a victim.

The sentencing judge imposed the custodial sentence based primarily on denunciation and deterrence, with minimal consideration of the appellant's serious mental health issues and rehabilitation prospects.

The Court of Appeal found the sentencing judge erred in principle by excluding other relevant sentencing principles and failing to give meaningful consideration to the appellant's mental illness, which played a central role in the offence.

The court allowed the appeal and varied the sentence to time served plus two years' probation.