Melanie Dunn

The appellant appealed a decision granting certiorari and mandamus, which had quashed a preliminary inquiry judge's decision to commit the appellant for trial on second degree murder rather than first degree murder.

The Court of Appeal allowed the appeal, finding that the reviewing justice erred by turning jurisdictional error into a sufficiency review.

The preliminary inquiry judge correctly applied the Arcuri test and was entitled to conclude that the evidence was insufficient for a committal on first degree murder.

The appellant appealed his conviction for possession for the purpose of trafficking, arguing that he was unlawfully detained prior to a consent search that revealed crack cocaine, and that he was prejudiced by improper cross-examination and jury instructions.

The Court of Appeal dismissed the appeal, finding that the trial judge's credibility findings precluded a finding of detention, and that any potential prejudice from the Crown's improper cross-examination was sufficiently offset by the jury charge.

The appellant appealed his conviction.

The Court of Appeal found that the trial judge's findings of credibility were inconsistent, particularly given the complainant was a self-admitted manipulator and liar who had previously concocted a story of physical abuse.

The Court also found the trial judge's identification and analysis of corroborative evidence was flawed.

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