2 total
Leave to appeal summary conviction for assault causing bodily harm refused; no misapprehension of video evidence.
The applicant sought leave to appeal a summary conviction appeal court decision affirming his conviction for assault causing bodily harm.
The applicant argued the trial judge and appeal judge misapprehended video surveillance evidence regarding his claim of self-defence.
The Court of Appeal refused leave to appeal, finding the proposed grounds lacked significance to the general administration of criminal justice and the merits were not strong, as the trial judge's findings were based on the evidence as a whole.
Eight‑year penitentiary sentence imposed for multi‑kilogram cocaine trafficking.
The accused was sentenced following a jury conviction for trafficking nearly three kilograms of cocaine and possession of proceeds of crime exceeding $54,000.
Wiretap evidence demonstrated the accused’s ongoing and significant role in a multi‑kilogram cocaine distribution network, including negotiating price, quantity, and delivery.
Although the accused had no relevant criminal record and presented numerous mitigating personal circumstances, the court emphasized the seriousness of multi‑kilogram cocaine trafficking and the need for general deterrence.
Relying on Ontario appellate authorities establishing higher sentencing ranges for large‑scale cocaine trafficking, the court concluded that a penitentiary term within the 8–10 year range was appropriate.
