Peter Foley

The appellant was convicted by a jury of dangerous driving simpliciter, having been acquitted of the more serious charges of dangerous driving causing death and bodily injury.

During sentencing, the trial judge considered the deaths and injuries resulting from the collision, and the Court of Appeal upheld the sentence.

The Supreme Court of Canada allowed the appeal, holding that a sentencing judge is bound by the express and implied factual implications of a jury's verdict.

Because the jury unambiguously negated the factor of causation by acquitting on the more serious charges, the sentencing judge erred in considering the consequences of death and bodily injury.

The sentence was reduced to six months' imprisonment.

The appellant, a licensed real estate broker, was convicted of theft for transferring funds from a trust account to his agency's general account.

He appealed on the basis that the trial judge misdirected the jury regarding his defence of 'colour of right'.

The Supreme Court of Canada allowed the appeal, finding that the trial judge erred by instructing the jury to determine when commissions were legally payable, rather than whether the appellant had an honest belief that he had the right to transfer the money at the time.

A new trial was ordered.