John McInnes

The appellant appealed a conviction for sexual assault arising from an alleged improper search conducted during an arrest.

The appeal argued that the trial judge erred by admitting and relying on a prior consistent statement made by the complainant to another officer, by failing to consider inconsistencies in the complainant’s accounts of the searches, and by failing to weigh credibility concerns arising from the complainant’s admitted dishonesty about drug use.

The court held that prior consistent statements are presumptively inadmissible and found that the trial judge improperly admitted and relied upon such a statement to bolster the complainant’s credibility.

The court concluded that the statement was used for the truth of its contents and as a significant foundation for the credibility finding.

As this constituted an error affecting an important piece of evidence, the conviction could not stand.

The Crown appealed the acquittal of a police officer charged with assault causing bodily harm following the 'grounding' of an arrested individual in a holding cell.

The Crown argued the trial judge exhibited a reasonable apprehension of bias by prejudging the lawfulness of the initial arrest under the Liquor License Act before hearing submissions.

The Superior Court of Justice agreed, finding the trial judge's comments created a perception that he had prematurely decided the issue.

The appeal was allowed and a new trial ordered.

The appellant, a police officer, was convicted of sexual assault after forcing a masseuse to perform oral sex while he was on duty.

He appealed his conviction and 15-month custodial sentence, arguing that his police memo-book notes were unlawfully seized in violation of his Charter rights and that the trial judge erred in assessing credibility.

The Summary Conviction Appeal Court dismissed the appeal, finding no reasonable expectation of privacy in police notes, no violation of the right against self-incrimination, and no error in the trial judge's credibility findings or the sentence imposed.