Gayle Karding

The appellant was convicted of manslaughter and robbery with a firearm.

On appeal, he argued the trial judge erred by admitting hearsay evidence of a witness's prior testimony identifying him from a photo array, and by misdirecting the jury on the use of evidence regarding a black man fleeing the scene.

The Court of Appeal allowed the appeal, finding the hearsay evidence lacked threshold reliability because the witness's professed memory loss prevented meaningful cross-examination.

The court also held the jury instruction on flight was misleading.

The curative proviso could not be applied, and a new trial was ordered.

The appellant appealed his conviction and sentence, arguing the trial judge's reasons were insufficient.

The Court of Appeal dismissed the appeal, finding that the trial judge's reasons were sufficient for appellate review and that photographic evidence supported the victim's testimony.