Geoff Chesney

The young offender appellant was convicted of second degree murder.

The Crown's case was entirely circumstantial, relying on forensic evidence, opportunity, and prior discreditable conduct.

On appeal, the appellant argued the trial judge erred in failing to give an alibi instruction and in her treatment of evidence regarding a prior threat to kill the victim.

The Court of Appeal held that an alibi instruction was not required as the evidence did not provide a complete alibi.

While the trial judge erred by failing to provide a limiting instruction on the prior threat evidence, the Court applied the curative proviso under s. 686(1)(b)(iii) of the Criminal Code, finding the circumstantial case against the appellant was overwhelming.

The appeal was dismissed.

The appellant appealed the sentence imposed by the trial judge.

The Court of Appeal found that the trial judge erred in applying the principles of parity, jump, gap, and totality, resulting in an unduly harsh sentence.

The appeal was allowed, and the sentence was varied to time served (equivalent to 18 months) plus 12 months of probation with conditions related to alcohol consumption and treatment.