Lori Renée Weitzman

The Crown appealed a sentence reduction entered by the intermediate appellate court after the accused had been convicted of sexually assaulting his young daughter and making, distributing, and possessing child pornography.

The Supreme Court held that appellate courts must show substantial deference to sentencing judges and may intervene only where a sentence is demonstrably unfit or affected by reviewable error.

It further held that a maximum sentence is not reserved for a hypothetical worst offence committed in the worst circumstances, but may be imposed where proportionality, gravity of the offence, and offender blameworthiness justify it.

The Court also held that a long-term offender supervision order serves a distinct protective function and must not be taken into account in determining the appropriate custodial term.

The trial sentence and long-term offender disposition were restored.

The appellant appealed a decision of the Quebec Court of Appeal that upheld his convictions and dismissed his motion to adduce fresh evidence.

The Supreme Court of Canada dismissed the appeal, agreeing that the motion to adduce fresh evidence did not meet the established criteria and that the appellant failed to show the guilty verdict was unreasonable or that a miscarriage of justice occurred.

The accused was convicted of second degree murder after shooting a criminal accomplice in the back of the head.

He claimed self-defence, testifying that he believed the victim and another accomplice were planning to kill him.

The trial judge left the defence to the jury but made errors in the charge.

The Court of Appeal ordered a new trial.

The Supreme Court of Canada allowed the Crown's appeal and restored the conviction, holding that the defence of self-defence lacked an 'air of reality' because there was no evidence upon which a reasonable jury could conclude that the accused reasonably believed he had no alternative but to kill the victim.

Therefore, the defence should not have been left to the jury, and the errors in the charge were harmless.