2 total
Appeal from convictions for sexual assault and exploitation of a student dismissed; one-year sentence upheld.
The appellant, a high school teacher, was convicted of sexual assault and sexual exploitation of a former student.
He appealed the convictions, arguing the trial judge misapplied the burden of proof, applied uneven scrutiny to the evidence, and erred in assessing credibility.
He also appealed his one-year sentence as harsh and excessive.
The Court of Appeal dismissed the appeal, finding no palpable and overriding errors in the trial judge's credibility assessments and concluding the sentence was fit given the extent of the manipulation and grooming.
The Court of Appeal upheld convictions for tractor-trailer robberies but reduced sentences due to an erroneous comparison to home invasions.
The Ontario Court of Appeal heard appeals from convictions and sentences related to a series of tractor-trailer thefts and robberies.
Appellants challenged the validity of cell tower production orders, the admission of evidence obtained from Charter-breaching production orders under s. 24(2), and the use of similar act evidence.
One appellant also challenged possession convictions.
The Court dismissed all conviction appeals, finding the initial production orders valid, the s. 24(2) analysis sound (due to reduced privacy expectation in public location data), and the similar act evidence properly admitted.
However, the Court allowed the sentence appeals, finding the trial judge erred by analogizing the robberies to home invasions, which led to unduly high base sentences.
The Court reduced the total sentences for the three appealing accused.
