Matthew Asma

The appellant appealed his conviction and sentence for robbery.

He argued the trial judge erred in relying on similar fact evidence from two other convenience store robberies.

He also argued the trial judge erred in sentencing by failing to enhance pre-sentence credit for lack of earned remission, using probation breaches to infer resistance to rehabilitation, and imposing a consecutive sentence for breach of probation.

The Court of Appeal dismissed both appeals, finding no errors in the trial judge's analysis of the signature features of the robberies or in the exercise of his sentencing discretion.

The appellant appealed a global sentence of five years for operating a motor vehicle with a prohibited blood alcohol concentration and leaving the scene of an accident.

The appellant argued the sentencing judge erred by failing to give appropriate weight to the gap principle, failing to consider his unstable health, and relying on a rejected finding of fact.

The Court of Appeal dismissed the appeal, finding no error in principle.

The court noted the appellant's extensive record of nearly three dozen prior related convictions and evidence of continued excessive alcohol consumption during the conviction-free period.

The appellant appealed his sexual assault conviction, arguing the trial judge erred by excluding evidence under section 276 of the Criminal Code that the complainant engaged in consensual sex with another man shortly after the alleged assault.

The Court of Appeal found that the Crown's cross-examination and closing address presented a distorted narrative regarding the complainant's emotional state and loyalty to her boyfriend, making the excluded evidence highly probative to the defence.

The appeal was allowed, the conviction set aside, and a new trial ordered.