Paul W. Slocombe

The appellant appealed a summary conviction appeal court decision that dismissed his appeal from conviction.

The appellant argued that the summary conviction appeal judge misstated the fourth branch of the Palmer test for admitting fresh evidence.

The Court of Appeal dismissed the appeal, holding that even if the judge misstated the test by using 'would' instead of 'could', the fresh evidence was ultimately inadmissible.

The appellants, who are Black, were convicted of robbery and related offences.

During jury selection, defence counsel were permitted to challenge prospective jurors for cause based on racial bias.

The appellants appealed their convictions, arguing that the trial judge's instructions to the triers on the challenge for cause procedure were inadequate and that the trial judge erred in his rulings regarding peremptory challenges when sworn jurors had to be replaced.

The Court of Appeal dismissed the appeal, finding that the instructions to the triers were sufficient and that, although the trial judge erred in law by initially granting extra peremptory challenges, the error caused no prejudice to the appellants.