Janelle Mercury Belton

The appellant appealed his conviction on two counts of sexual assault against his step-granddaughter.

The trial judge found that the appellant sexually assaulted the complainant on multiple visits over a nine-year period, characterizing the assaults as part of an ongoing course of conduct.

The complainant acquiesced to the appellant's demands out of fear and therefore did not consent.

The appellant raised two grounds of appeal: that the trial judge reversed the burden of proof by drawing a negative inference from the absence of medical evidence regarding the appellant's physical capability, and that the trial judge failed to apply the third step of the W.(D) test.

The Court of Appeal dismissed both grounds and upheld the conviction.

The Crown appealed a 90-day intermittent sentence imposed following a guilty plea to production of marijuana and fraudulent consumption of electricity.

The sentencing judge imposed the minimal sentence based on personal views regarding the impending legalization of marijuana, without addressing proper sentencing principles.

The appellate court found the sentencing judge erred in principle by failing to provide adequate reasons and imposed an unfit sentence.

The court allowed the appeal and imposed an 18-month sentence with execution stayed, finding that specific deterrence and rehabilitation had been met and that re-incarceration would not be in the interests of justice.

The appellant appealed his summary conviction for two counts of theft under $5,000 and his 90-day intermittent sentence.

The charges arose from missing funds at ATMs the appellant maintained.

The appellant argued the trial judge misapprehended evidence regarding his failure to deny the theft and his reimbursement of the missing funds.

The Superior Court of Justice found no overriding and palpable error in the trial judge's credibility findings or application of the W.(D.) framework.

The court also upheld the sentence, finding it was not demonstrably unfit.

The appeal was dismissed.

The appellant was convicted of sexual assault following a jury trial.

The complainant, a child, testified at trial but became unresponsive during cross-examination and refused to answer defence counsel's questions.

The trial judge declined to declare a mistrial or grant a stay of proceedings, instead admitting the complainant's testimony from the preliminary inquiry and providing a cautionary jury instruction regarding the absence of cross-examination.

The appellant appealed on two grounds: (1) that the trial judge erred in not declaring a mistrial, and (2) that the trial judge erred in excluding expert evidence regarding false subjective memory in children.

The Court of Appeal upheld the conviction, finding that the trial judge properly exercised his discretion to balance the accused's right to make a full answer and defence with the special needs of a young witness in a sexual abuse case.

The appellants, a father and stepmother, were convicted of second-degree murder in the death of their ten-year-old son following prolonged abuse.

On appeal, the father argued the trial judge erred in denying a mid-trial application for severance after late disclosure of photographs.

The stepmother argued the trial judge erred in finding her pre-arrest and post-arrest statements to police were voluntary.

The Court of Appeal dismissed both appeals, finding no injustice in the denial of severance and upholding the trial judge's application of the law on voluntariness.