Ahmad Karzai

The appellant pleaded guilty to theft over $5,000 after taking $317,000 from his elderly godmother.

He was sentenced to 12 months' imprisonment followed by two years of probation.

He appealed the sentence, arguing the sentencing judge erred in finding a conditional sentence was inappropriate given his restitution, remorse, and loss of professional license.

The Court of Appeal dismissed the appeal, finding no error in the sentencing judge's conclusion that the objectives of deterrence and denunciation could not be met by a conditional sentence.

The appellant, a registered massage therapist, appealed his conviction for sexual assault against a client.

He argued the trial judge provided insufficient reasons, misapprehended evidence, and erred in assessing credibility and the defence of mistaken belief in communicated consent.

The Superior Court of Justice allowed the appeal, finding the trial judge improperly used the complainant's prior police statement and absence of embellishment to bolster her credibility, and failed to make necessary factual findings regarding the appellant's evidence and whether he took reasonable steps to ascertain consent.

A new trial was ordered.