Self-represented (Amicus: Joseph Di Luca)

The appellant was convicted of aggravated assault following an incident at a shelter.

He appealed his conviction, arguing that the trial judge erred in admitting his unredacted criminal record and in finding that his statement to police was voluntary and not in breach of his s. 10(b) Charter rights.

The Court of Appeal dismissed the appeal, finding no error in the trial judge's handling of the criminal record or her conclusion that no re-caution was required despite the passage of time, alleged memory loss, and change in jeopardy during the police interview.

The appellant appealed a disposition of the Ontario Review Board ordering her detention at the Centre for Addiction and Mental Health with discretion to permit her to live in the community.

The Court of Appeal dismissed the appeal, finding no error by the Board.

The disposition was based on a joint submission and supported by uncontradicted psychiatric evidence that the appellant posed a significant risk to public safety.

The appellant, acting in person, appealed his conviction for first degree murder.

He argued that the trial judge erred in refusing to allow the jury to consider his third party suspect defence and in giving a mid-trial instruction that all evidence pointed to the accused and away from the third party suspect.

The Court of Appeal dismissed the appeal, finding no air of reality to the third party suspect defence as there was no admissible evidence linking the third party to the murder.

The Court also held that the trial judge's mid-trial instruction, provoked by the appellant's defiance of court orders, did not amount to a directed verdict and occasioned no substantial wrong or miscarriage of justice.