42 total
Drug trafficking conviction overturned as unreasonable due to missing buy money and drugs upon immediate arrest.
The appellant was convicted of trafficking in crack cocaine following an alleged hand-to-hand transaction with an undercover officer.
Upon arrest within 60 seconds of the transaction, neither the marked buy money nor the remaining drugs were found on the appellant or in the area, and no officer saw him discard anything.
The trial judge relied on the officers' recognition of the appellant to resolve identity but failed to address whether the transaction actually occurred.
The Court of Appeal held that the missing evidence and lack of opportunity to dispose of it rendered the verdict unreasonable.
The appeal was allowed and an acquittal entered.
Conviction appeal dismissed; Crown sentence appeal allowed, replacing conditional sentence with 14 months' imprisonment.
The accused appealed his convictions for sexual interference and invitation to sexual touching involving three young complainants.
The Crown appealed the conditional sentence of 18 months imposed by the trial judge.
The Court of Appeal dismissed the conviction appeal, finding no error in the trial judge's assessment of the accused's evidence.
However, the Court allowed the Crown's sentence appeal, holding that the trial judge erred in finding exceptional circumstances to justify a conditional sentence for these offences.
The sentence was varied to 14 months' imprisonment.