Jacob Millns

The appellant sought to challenge the dismissal of his appeal from convictions under the Highway Traffic Act after failing to pursue the appeal for many years.

He argued that the delay resulted from the court’s failure to produce a transcript he claimed to have ordered when filing his notice of appeal.

The appellate court accepted for purposes of the appeal that the transcript may have been ordered but held that the appellant nevertheless bore the responsibility to pursue the appeal with due diligence.

A delay of approximately 17 years without steps to follow up on the transcript did not meet the due diligence requirement.

The court found no error in the appeal judge’s decision dismissing the appeal.

The appellant sought leave to appeal his sentence for firearm and drug-related offences, arguing that the sentencing judge failed to adequately consider the impact of incarceration on his relationship with his children and resulting family separation.

The appellant requested a modest three‑month reduction from the imposed four‑year sentence.

The Court of Appeal held that the sentencing judge was aware of the appellant’s parental status and the inevitable interruption to family relationships caused by incarceration.

The court found no error in principle and concluded that the sentence was not demonstrably unfit.

Leave to appeal sentence was granted but the appeal was dismissed.

The appellant, a 58-year-old family friend, was convicted of sexually assaulting the 17-year-old daughter of his close friend and sentenced to six years' imprisonment.

On appeal, he argued the trial judge erred in assessing credibility, applying the W.(D.) principles, and finding a lack of consent.

The Court of Appeal dismissed the conviction appeal, finding no error in the trial judge's credibility assessments or factual findings.

The sentence appeal was also dismissed, as the six-year term was not demonstrably unfit given the significant breach of trust, the vulnerability of the adolescent victim, and the severe impact of the offences.