The appellant was convicted of defrauding an 82-year-old woman of over $1 million USD through a telemarketing scheme and was sentenced to 5 years and 3 months in prison.
On appeal, he argued the trial judge erred by refusing an adjournment to retain new counsel, misapplying the burden of proof, and allowing cross-examination on a pre-trial Charter affidavit.
The Court of Appeal dismissed the conviction appeal, finding no miscarriage of justice or unfair trial.
However, the sentence appeal was allowed, and the sentence was reduced to 4 years imprisonment due to the appellant's lack of a prior record and partial restitution.
The Crown's cross-appeal seeking a fine or restitution was dismissed.
