2 total
Sentence appeal dismissed as abated following the death of the appellant.
The appellant appealed his sentence and oral arguments were heard.
Following the hearing, the court reserved its decision and ordered a Post-Sentence Report.
Before the decision was released, the appellant passed away.
The Court of Appeal held that the death caused the appeal to abate and found no exceptional circumstances to exercise its residual discretion to determine the appeal.
The appeal was dismissed as abated.
The court permitted the Crown to respond to a Charter application despite late notice but denied an adjournment to introduce undisclosed evidence.
This ruling addresses a defence application to prevent the Crown from calling evidence in response to two Charter applications due to the Crown's late or absent responses.
For the first application (ss. 8, 9, 10(b)), the court found the Crown's late response did not cause surprise and permitted evidence.
For the second 'overholding' application (ss. 7, 9), the Crown had not responded and sought to introduce new, undisclosed evidence.
The court ruled against delaying the case for new disclosure, allowing the Crown to respond only with previously known evidence and denying an adjournment for new evidence.
