Meaghan McMahon

The appellant was found not criminally responsible for minor assaults and detained at a minimum forensic unit.

Despite his ongoing marijuana use, he had no history of aggression while detained.

The Ontario Review Board ordered his transfer to a medium security unit to restrict his access to drugs and help him develop insight.

The Court of Appeal allowed the appeal, finding the transfer unreasonable because it was more restrictive of his liberty and there was no evidence linking his marijuana use to a risk to public safety while detained.

The appellant appealed a disposition of the Ontario Review Board, arguing that he should have received an absolute discharge as he was no longer a significant threat to public safety, or alternatively, that the Board failed in its inquisitorial role regarding the timing of his 24-hour supervised community living placement.

The Court of Appeal dismissed the appeal, finding ample evidence that the appellant required ongoing supervision to ensure medication compliance and prevent relapse.

The Court also noted that the Board had appropriately questioned the hospital on the timing of the placement, and fresh evidence indicated a bed would soon be available.

The appellant appealed his convictions for drug trafficking and possession of proceeds of crime, arguing that his arrest lacked reasonable and probable grounds once evidence obtained from an illegal police entry into a condominium was excluded.

The Court of Appeal dismissed the conviction appeal, finding that the totality of the remaining circumstances provided sufficient grounds for the arrest.

However, the court granted leave to appeal the sentence and quashed the two-year probation order, as the Crown conceded it was illegal under s. 731(1)(b) of the Criminal Code.

The appellant appealed his convictions on two counts of assault causing bodily harm relating to his two-month-old infant, who suffered 12 rib fractures on two separate occasions.

The appellant argued the first verdict was unreasonable and the trial judge misapplied the W. (D.) principles, and that the second verdict involved an error in applying the test for implied consent during an attempt to administer CPR.

The Court of Appeal dismissed the appeal, finding the trial judge's factual findings reasonable, the W. (D.) principles properly applied, and that the force used during the alleged CPR was excessive, vitiating any defence of implied consent.

The appellant appealed his conviction for sexual assault and sexual interference against a 13-year-old complainant.

The appellant argued the trial judge erred in admitting a hearsay statement from the complainant's sister and in accepting the mother's evidence regarding a change in the sisters' relationship.

The Court of Appeal found that while the trial judge erred in admitting the hearsay statement, the curative proviso applied because the trial judge explicitly stated he would have reached the same conclusion without it.

The court also found no error in the trial judge's acceptance of the mother's evidence.

The appeal was dismissed.