Dr. Yasmine Ayroud

The appellants were convicted in relation to the death of a young man who was assaulted twice in one night—first by Manasseri inside a bar, and then by Kenny outside.

Manasseri was convicted of second-degree murder, and Kenny of assault causing bodily harm.

On appeal, both argued their charges were improperly joined.

The Court of Appeal dismissed the joinder ground.

However, the Court admitted fresh expert medical evidence regarding the cause of death, quashed Manasseri's conviction, and ordered a new trial.

For Kenny, the Court applied the newly released Jordan framework, found the 68-month delay unreasonable, and entered a stay of proceedings.

The Crown applied to revoke the respondent's release pending his conviction appeal for second-degree murder.

The respondent, while bound by a recognizance prohibiting communication with trial witnesses, approached the forensic pathologist who testified at his trial at a gas station and discussed the case.

The respondent was subsequently charged with breaching his recognizance.

The Court of Appeal found reasonable grounds to believe the respondent breached his release conditions and committed an indictable offence.

The respondent failed to show cause why his detention was not justified.

The release order was revoked and the recognizance cancelled.