2 total
Leave to appeal assault convictions refused; unreasonable delay claim lacked general significance and strong merits.
The applicant sought leave to appeal from a summary conviction appeal court decision dismissing his appeal from two assault convictions.
The sole ground of appeal was that the summary conviction court erred in failing to stay the proceedings for unreasonable delay.
The Court of Appeal refused leave, finding that the proposed grounds did not raise a question of law of general significance to the administration of justice, and the merits of the appeal were not strong.
Appeal allowed and discharge set aside due to preliminary inquiry judge's jurisdictional error in assessing evidence.
The Crown appealed a Superior Court decision upholding a preliminary inquiry judge's discharge of the respondent on a charge of aggravated assault.
The Court of Appeal found that the preliminary inquiry judge committed jurisdictional error by presuming the children's evidence was true, thereby precluding consideration of other evidence, and by failing to consider the accused's post-offence conduct.
The appeal was allowed, the discharge set aside, and the matter remitted for committal.
