The young person appealed his convictions for robbery and weapons dangerous, arguing the trial judge improperly relied on a co-accused's statement, the verdicts were unreasonable, and the reasons were inadequate.
The Crown conceded the trial judge erred in referring to the co-accused's statement but argued the proviso should apply.
The Court of Appeal dismissed the appeal, finding the evidence from the other occupants of the van was compelling and the trial judge's reasons adequately explained the basis for conviction despite the error.