The appellant appealed his conviction and sentence.
The Crown conceded the trial judge erred by relying on hearsay evidence from the appellant's cross-examination of the victim.
The Court of Appeal applied the curative proviso, finding that a conviction was inevitable given the victim's injuries, which clearly indicated the use of a weapon.
The appeal from conviction was dismissed.
However, the court found the 48-month sentence was outside the acceptable range and reduced it to time served, equivalent to 32 months.
