Kathleen Ranka Carson Doherty

S.H. appealed convictions for sexual assault and attempting to overcome resistance by choking.

The appeal raised issues regarding the trial judge's jury instruction on cross-count evidence, treatment of a prior consistent statement, denial of a Criminal Code s. 276 application, and alleged improper Crown closing arguments.

The Court of Appeal found reversible error in the jury instruction on cross-count evidence, which the Crown conceded was erroneous and not harmless.

The convictions were set aside, and a new trial was ordered.

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.

The appellants appealed their convictions for human trafficking and procurement into prostitution.

The trial judge found that while the complainant voluntarily entered the sex trade, the appellants subsequently exercised control over her, withheld her earnings, and forced her to work against her wishes.

The appellants challenged the verdicts as unreasonable, alleging the trial judge misapprehended evidence, failed to reconcile inconsistencies, and provided insufficient reasons.

The Court of Appeal upheld the convictions, finding ample evidence supported the verdicts and the trial judge properly addressed credibility issues and deficiencies in the complainant's evidence.