2 total
Appeal dismissed; deceased victim's out-of-court statements properly admitted under the principled approach to hearsay.
The appellant was convicted of first degree murder following a shooting at a nightclub.
The Crown's theory was that the shooting was in retaliation for a previous stabbing incident.
At trial, the judge admitted out-of-court statements made by the deceased victim to his mother shortly before his death, which implicated the appellant's brother in a prior attempt on the victim's life.
The appellant appealed, arguing the trial judge erred in finding the statements met the threshold reliability requirement under the principled approach to hearsay.
The Supreme Court of Canada dismissed the appeal, holding that the trial judge applied the correct test and properly considered the relevant factors, including the absence of a motive to fabricate and the availability of the mother for cross-examination.
Life sentence and 10-year parole ineligibility upheld for manslaughter; 'stark horror' terminology discouraged.
The appellant was convicted of manslaughter following the rape and death of a 76-year-old victim and was sentenced to life imprisonment with a 10-year parole ineligibility period.
On appeal, the appellant argued the sentencing judge erred by characterizing the offence as one of 'stark horror'.
The Supreme Court of Canada dismissed the appeal, holding that while terms like 'stark horror' should be avoided, the sentencing judge properly considered all relevant factors.
The Court also upheld the parole ineligibility order, noting that specific deterrence was paramount given expert evidence that the appellant's personality disorders made him a danger to society.
