Kelly Slate

The appellant appealed his convictions for wilfully attempting to obstruct justice and failing to comply with a recognizance, arising from conversations with a Crown witness while awaiting trial.

The Court of Appeal allowed the appeal and ordered a new trial.

The trial judge erred by failing to assess the appellant's mens rea regarding his belief that, as a self-represented accused, he was permitted to speak to witnesses.

Furthermore, the trial judge misapprehended the evidence by finding the witness felt intimidated, which the Crown conceded was not supported by the record.

The young offender appellant pleaded guilty to robbery and sexual assault and was sentenced to time served plus 16 months secure custody and 8 months open custody.

He appealed the sentence, arguing it was excessive and failed to account for his difficult upbringing, pre-trial custody, and progress in rehabilitation.

The Court of Appeal dismissed the appeal, finding the sentence at the upper end of the range but appropriate, and noted that the appellant's progress would be better assessed during a Youth Court sentence review.