Crystal E. Tomusiak

The appellant appealed his sentence for assault, raising issues regarding pre-sentence custody credit under s. 719(3.1) of the Criminal Code and the trial judge's consideration of the victim's severe injuries.

The Court of Appeal dismissed the appeal, noting that the pre-sentence custody issue was not clearly raised below and the appellant was being released on parole that day.

The court also held that the sentence was entirely fit given the seriousness of the assault and the severity of the injuries.

The appellant appealed the dismissal of his application for certiorari regarding his committal for trial on charges of criminal negligence causing death.

The charges arose from a tractor-trailer collision that resulted in three fatalities.

The appellant argued there was insufficient evidence of wanton and reckless disregard for the lives and safety of others to justify the committal.

The Court of Appeal dismissed the appeal, finding there was some evidence, including the appellant's knowledge of the trailer's poor condition and tendency to lean, to meet the low threshold for committal.

The appellant appealed his sentence for assault causing bodily harm, arguing the trial judge erred in denying a two-for-one credit for pre-trial custody and that the sentence was outside the appropriate range.

The Court of Appeal found no reviewable error in denying the enhanced credit, noting the appellant served his pre-trial custody in segregation at his own request and had not engaged in rehabilitative programs.

The court upheld the sentence length given the offender's extensive record and high risk of re-offending.

However, based on a concession by the Crown, the court varied the parole eligibility period to half of the balance of the sentence imposed.

The appeal was otherwise dismissed.

The appellant appealed his conviction and sentence for assault and sexual assault.

The Court of Appeal dismissed the conviction appeal, finding no reversal of the burden of proof, and upheld the SOIRA registration and the non-application of the Kienapple principle.

However, the court allowed the sentence appeal, reducing the sentence from four years to three years due to the appellant's youth, lack of criminal record, low risk of re-offending, and positive personal circumstances.

The appellant appealed his convictions for dangerous driving and failure to stop for police, arguing unreasonable delay under s. 11(b) of the Charter, errors in credibility assessment, and failure to establish the elements of the offences.

The Court of Appeal dismissed the appeal, finding no Charter violation, proper application of the W.D. analysis for credibility, and ample evidence supporting the convictions.

The sentence appeal was abandoned.

The appellant appealed his conviction for first-degree murder and robbery arising from the Just Desserts café shooting.

He argued that the trial judge erred in the jury selection process by prioritizing the return dates of potential jurors from identifiable minority groups to ensure representativeness.

The Court of Appeal held that while the process departed from strict statutory requirements, it did not prejudice the appellant or undermine the jury's impartiality.

The court also dismissed grounds of appeal relating to the admissibility of surveillance videotapes, recognition witness evidence, the jury charge on identification, and the trial judge's refusal to compel testimony.

The appeal from conviction was dismissed and the sentence appeal was quashed.