Iona Jaffe

The appellant was serving a conditional sentence for trafficking in a narcotic when he was arrested on numerous charges relating to stolen property and firearms.

The sentencing judge found on a balance of probabilities that the appellant breached the condition to keep the peace and be of good behaviour, and ordered him to serve the remainder of his sentence in custody.

On appeal, the appellant argued the judge applied the wrong standard of proof, relied on insufficient evidence, and failed to consider alternatives to incarceration.

The Court of Appeal dismissed the appeal, confirming that the standard of proof for a breach of a conditional sentence is the ordinary civil standard of a balance of probabilities, and that the presumption in favour of incarceration upon a breach was appropriately applied.

The appellant was convicted of importing cocaine after returning from Jamaica with drugs hidden in her purse.

Her sole defence was that she was an 'unknowing mule'.

The trial judge instructed the jury that a reasonable doubt could not arise from an absence of evidence, and repeated this error when answering a jury question.

The Court of Appeal held that this misdirection was a reversible error, as the jury likely misapprehended the correct standard of proof regarding the lack of direct evidence of the appellant's knowledge.

The appeal was allowed and a new trial ordered.