The appellant was convicted of second degree murder of his wife following a judge alone trial and sentenced to life imprisonment with no eligibility for parole for twelve years.
On appeal, the appellant challenged the conviction on grounds of material misapprehension of evidence, specifically regarding a police demonstration video concerning the time required for a wheelchair-bound person to reach an alarm keypad.
The appellant also raised arguments regarding DNA cross-contamination and alternate explanations for gunshot residue.
The Court of Appeal found that while the trial judge erred in stating no video recording existed, this error did not constitute material misapprehension warranting intervention, as the trial judge had fully considered the demonstration evidence and concluded it did not raise a reasonable doubt.
The conviction and sentence appeals were dismissed.
