The appellant was charged with two counts of first degree murder and six counts of attempted murder.
During his testimony at trial, he repeatedly refused to answer questions concerning the identity of individuals who allegedly provided him with information about the crime.
The trial judge cited the appellant for contempt of court and immediately sentenced him to three years' imprisonment in the presence of the jury.
The Supreme Court of Canada held that while the judge was justified in citing the appellant for contempt, he erred in convicting and sentencing him instanter without urgent necessity.
However, the Court applied the curative proviso under s. 686(1)(b)(iii) of the Criminal Code, concluding that the error did not cause a substantial wrong or miscarriage of justice, and dismissed the appeal.
