John J. Corelli

The self-represented appellant appealed his conviction and sentence, arguing that the trial judge erred in his credibility findings regarding various witnesses.

The Court of Appeal dismissed the appeal, declining to re-try the case or interfere with the trial judge's credibility assessments.

The court also found no basis to conclude that the sentence was unfit.

The appellant appealed his murder conviction and sentence, relying on fresh recantation evidence from a key civilian witness and an inmate informant, as well as new DNA testing undermining aspects of the Crown's theory.

The court rejected the civilian witness recantation as incredible, but admitted the inmate recantation and the DNA evidence under the Palmer framework.

Although the fresh evidence significantly weakened the Crown case and impaired important inculpatory evidence, the court held it was not so conclusive as to justify an acquittal and the verdict was not shown to be unreasonable under the governing standard.

The conviction was set aside and a new trial ordered on second degree murder.

Leave to appeal the counselling sentence was granted and that sentence was reduced to time served.