Dr. Toby Rose

The appellant was convicted of first degree murder in the death of his common law partner.

He appealed the conviction, arguing the trial judge erred in failing to give a limiting instruction regarding a lay witness's testimony, gave an inadequate limiting instruction regarding a forensic pathologist's testimony, and that the verdict was unreasonable due to insufficient evidence of planning and deliberation.

The Court of Appeal dismissed the appeal, finding no error in the jury instructions and concluding there was a substantial body of circumstantial evidence to support the jury's verdict.

The respondent was convicted of manslaughter after stabbing his landlady 107 times while intoxicated.

The trial judge imposed a sentence of 11 years, deducting pre-trial custody for a net sentence of 4.5 years.

The Crown appealed, arguing the sentence was manifestly unfit and that the trial judge erred by treating the 8 to 12 year range for 'aggravated manslaughter' established in R. v. Clarke as an immutable cap.

The Court of Appeal dismissed the appeal, holding that while subcategorizing manslaughter is not a useful sentencing approach, the trial judge did not fetter his discretion and imposed a fit sentence based on all relevant circumstances.