Jerome P. Kennedy

The appellant was convicted of second degree murder and filed a notice of appeal, but died before the appeal could be heard.

Seven years later, the Crown moved to abate the appeal.

The Court of Appeal held it had jurisdiction to hear the appeal but declined to exercise its discretion to do so.

The Supreme Court of Canada dismissed the appeal, holding that while an appellate court retains jurisdiction to hear an appeal rendered moot by the death of an appellant, this discretion should be exercised sparingly and only in exceptional circumstances where it is in the interests of justice.

The Court found no such exceptional circumstances in this case.

The appellant appealed her conviction, arguing that her trial counsel's decision to consent to the admission of hearsay evidence was a mistake that led to a miscarriage of justice.

The Supreme Court of Canada dismissed the appeal, agreeing with the majority of the Newfoundland Court of Appeal that the experienced trial counsel's decision did not result in a miscarriage of justice.

The Crown appealed a 21-month conditional sentence imposed on the respondent for historical convictions of indecent assault and gross indecency against a child.

The Supreme Court of Canada, applying the principles from R. v. Proulx, dismissed the appeal on equal division.

The majority found that the trial judge's decision to impose a conditional sentence was not demonstrably unfit and adequately addressed denunciation and deterrence through strict conditions like house arrest.

The dissenting judges argued the sentence overemphasized restorative objectives and failed to adequately reflect the gravity of the offences and the moral blameworthiness of the offender.