Dennis R. O'Connor

The appellant appealed both conviction and sentence arising from a knife assault following a driving-related confrontation.

He argued the trial judge failed to properly consider evidentiary inconsistencies and physical evidence said to support self-defence.

The court held the inconsistencies were not significant, and although one item of physical evidence was not addressed, it would not have assisted the self-defence theory.

The court also upheld a 15-month custodial sentence followed by three years probation, finding the offence called for a deterrent sentence and that a conditional sentence was inappropriate.

The appellant appealed a conviction arising from allegations of repeated sexual assaults committed against the complainant during childhood.

The appeal challenged the trial judge’s use of the complainant’s prior disclosures to her mother and the application of a childhood memory standard to inconsistencies concerning disclosures made when the complainant was an adult.

The court held that the fact of disclosure was admissible as part of the narrative and, in the circumstances, could also answer the defence suggestion of fabrication linked to a property dispute.

Although the trial judge appears to have misapplied the childhood memory standard to peripheral inconsistencies about adult disclosures, the error caused no prejudice and did not affect the verdict.

The conviction appeal was dismissed, and the trial non-publication order was terminated on consent.

The appellant challenged criminal convictions and argued, among other things, that there had been a breach of s. 11(b) of the Charter.

The Court of Appeal rejected the delay argument but held that the trial judge erred in refusing a brief adjournment after defence counsel was removed from the record on the trial date.

The court found the assumption that any new lawyer would face the same difficulties was unwarranted on the record.

The interests of justice required a short adjournment to permit the accused to retain counsel or prepare to proceed on his own.

Leave to appeal was granted, the convictions were quashed, and a new trial was ordered.