Michael Perlin

The appellant appealed a substantial penitentiary sentence, arguing for a reformatory term combined with lengthy probation.

The Court of Appeal dismissed the appeal, finding no error by the sentencing judge given the gravity of the offences, the appellant's serious criminal record, and parole violations.

A fresh evidence application was also dismissed as insufficient to impact the appeal.

The appellant appealed his conviction and sentence.

The Court of Appeal dismissed the conviction appeal, finding no prejudice in the trial judge's refusal to allow further cross-examination of the 88-year-old victim regarding her out-of-court statement.

However, the sentence appeal was allowed.

The Court found the trial judge erred in considering an unproven attempt to obstruct justice and that the total sentence was excessive.

The sentence was reduced to 8 years, to be served consecutively to the sentence the appellant was already serving.

The appellant was convicted of assault with a weapon after striking the complainant with a baseball bat.

On appeal, the appellant argued that the trial judge failed to appreciate the evidentiary value of a prior inconsistent statement attributed to the complainant in an ambulance report, which indicated the assailant was unknown.

The Court of Appeal dismissed the appeal, finding that the trial judge properly recognized the statement's potential for impeachment but accepted the complainant's in-court testimony that he did not make the statement.