83 total
Sentence appeal dismissed; probation order upheld for rehabilitation and public protection.
The appellant appealed the sentence imposed following a jury trial, specifically challenging the probation order.
The Court of Appeal found that the probation was properly imposed for the purposes of rehabilitation and protection of the public, noting a lack of evidence that the appellant had taken steps towards rehabilitation to prevent reoffending.
Leave to appeal sentence was granted, but the appeal was dismissed.
Leave to appeal refused; trial judge's credibility findings and reasons were sufficient.
The appellant sought leave to appeal a summary conviction appeal court decision that upheld a trial conviction.
The appellant argued the trial judge provided insufficient reasons and erred in assessing credibility.
The Court of Appeal refused leave to appeal, finding the case raised no legal issues of significance to the general administration of justice and that the trial judge had given extensive, well-reasoned findings.
Summary conviction appeal dismissed; trial judge properly applied W.(D.) and assessed post-event demeanour in sexual assault conviction.
The appellant, a family doctor, appealed his conviction for sexually assaulting a patient during an after-hours examination.
He argued the trial judge erred in relying on the complainant's post-event demeanour, failing to properly assess her credibility regarding her suspicions of his motives, misapprehending a witness's evidence, and misapplying the W.(D.) framework for credibility.
The Summary Conviction Appeal Court dismissed the appeal, finding the trial judge properly applied the law, reasonably assessed the evidence, and made no reversible errors in concluding the Crown's evidence overwhelmed the defence's evidence.