23 total
The word 'adjudged' in the Interpretation Act includes appellate review, entitling offenders to retroactive lesser punishments.
The appellant, a police officer, was convicted of assault causing bodily harm and received a mandatory firearms prohibition under the Criminal Code.
Before his appeal was heard, the Criminal Code was amended to make the prohibition discretionary.
The Supreme Court of Canada held that the word 'adjudged' in section 44(e) of the Interpretation Act includes appellate review of a sentence.
Therefore, the appellant was entitled to the benefit of the lesser punishment provided by the amended legislation.
The appeal was allowed and the matter remitted to the trial judge.
Murder conviction upheld; jury instruction error on manslaughter cured as jury found subjective foresight of death.
The appellant appealed his conviction for second-degree murder, arguing the trial judge erred in instructing the jury on the included offence of manslaughter.
The Supreme Court of Canada dismissed the appeal, applying the curative proviso under s. 686(1)(b)(iii) of the Criminal Code.
The Court held that the jury, by convicting of murder, must have found subjective foresight of death, and it was impossible to conclude they did so merely because they were unable to find subjective foresight of bodily harm for manslaughter.
Appeal from perjury conviction dismissed from the bench for lack of merit.
The appellant appealed his conviction and sentence for perjury to the Supreme Court of Canada.
The Court dismissed the appeal from the bench, finding no merit in any of the grounds of appeal.