P.S. Rouleau

The young person appealed a sentence of 12 months' closed custody and supervision followed by 12 months' probation for sexual interference.

The appellant, who had intellectual limitations and a high risk to re-offend, argued the trial judge erred by denying pre-sentence custody credit and imposing a sentence focused on incapacitation contrary to the Youth Criminal Justice Act.

The Court of Appeal dismissed the appeal, finding this was an exceptional case where denying pre-sentence credit was justified, and the sentence appropriately prioritized rehabilitation and accountability in a highly structured setting.

The self-represented appellant applied under section 683 of the Criminal Code for an order to examine witnesses to adduce fresh evidence on appeal.

The Court of Appeal dismissed the application, finding that the proposed evidence was irrelevant, redundant, or mere speculation given the undisputed fact at trial that child pornography was found on the appellant's computer.

The proposed examinations did not meet the reasonable possibility test for fresh evidence.

The appellant appealed his conviction and sentence.

The sentence appeal was abandoned.

On the conviction appeal, the appellant argued the trial judge misapprehended the evidence and erred in assessing witness credibility.

The Court of Appeal dismissed the appeal, finding that the trial judge's credibility assessments and factual findings regarding the physical abuse of the children were fully supported by the record.