Howard Lastman

The appellant appealed from a summary conviction appeal court decision that upheld his conviction.

He sought to introduce fresh evidence on appeal.

The Court of Appeal dismissed the appeal, finding the fresh evidence irrelevant and inadmissible, and identifying no error in the summary appeal court judge's reasons.

The appellant appealed his conviction, arguing that the Crown improperly used a police officer's notes to refresh the complainant's memory by reading them verbatim.

The Court of Appeal agreed that the manner of refreshing memory was improper, but found no prejudice because verification occurred during a phone call between the complainant and the officer, and the complainant had some independent recollection of the calls.

The court also rejected the admission of fresh evidence as irrelevant.

The appeal was dismissed.