Michael A. Moon

The appellant appealed his conviction for robbery and his 22-month sentence.

He argued the trial judge erred in admitting a co-accused's videotaped K.G.B. statement for the truth of its contents, specifically challenging the application of the balance of probabilities standard to the issue of voluntariness.

The Court of Appeal held that the trial judge applied the correct standard of proof and made no errors in finding the statement voluntary.

The sentence appeal was also dismissed, as the trial judge correctly found a conditional sentence would not adequately address denunciation and deterrence.

The appellant appealed a ruling by Justice Archie G. Campbell.

The Court of Appeal dismissed the appeal, agreeing with the lower court that the error in question was within jurisdiction and therefore not subject to certiorari.

The Crown appealed the conditional sentence imposed on the respondent, arguing it was too light for a serious offence.

The Court of Appeal dismissed the appeal, finding no reason to interfere with the trial judge's exercise of discretion given the very favourable pre-sentence report.

The appellants appealed their convictions for robbery and possession of a weapon for a purpose dangerous to the public peace.

One appellant argued the trial judge erred in assessing eyewitness identification evidence, while the other argued the trial judge made inconsistent findings regarding his control of the weapons and role in the robbery.

The Court of Appeal dismissed both appeals, finding that the trial judge's findings were not inconsistent and that the convictions were supported by the totality of the circumstantial and identification evidence.

The appellant appealed a decision regarding the admissibility of a certificate.

The Court of Appeal held that a discrepancy regarding the date on which the certificate was prepared was immaterial and did not render the certificate inadmissible.

Furthermore, the trial judge erred in concluding that the discrepancy could constitute evidence to the contrary.

Leave to appeal was granted, but the appeal was dismissed.