Brian McAllister

The appellant appealed his conviction and sentence, arguing that the trial judge's reasons were inadequate and that the failure to obtain a vaginal sample from the complainant constituted unacceptable negligence under the Bero analysis.

The Court of Appeal dismissed the appeal, finding no material misapprehension of the evidence and upholding the trial judge's finding that the failure to collect the sample was not unacceptable negligence.

The sentence appeal was also dismissed.

The appellant appealed his conviction, arguing the trial judge erred in admitting his statements to police and in failing to give a Vetrovec warning regarding accomplice evidence.

The Court of Appeal dismissed the appeal, finding no error in the trial judge's assessment of the voluntariness of the statements despite police failure to follow videotaping guidelines.

The Court also held that the omission of a Vetrovec warning was not fatal, as the accomplices had resiled from their KGB statements and gave exculpatory evidence at trial, making them more akin to defence witnesses.

The appellants, Muhammad and Naveed Malik, appealed their convictions for first degree murder following a joint trial.

The deceased was beaten to death with baseball bats in a parking garage.

Both appellants conceded guilt to manslaughter but contested the intent to kill and whether the killing was planned and deliberate.

The Court of Appeal dismissed both appeals, finding sufficient evidence of planning and deliberation for both appellants, and upholding the trial judge's rulings on evidence admissibility, jury instructions, and the denial of a severance motion.