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The Court of Appeal upheld the paramedics' convictions for failing to provide the necessaries of life to a shooting victim, finding their conduct was a marked departure from the standard of care.
Paramedics Christopher Marchant and Steven Snively were convicted of failing to provide the necessaries of life to a shooting victim.
They appealed their convictions, arguing a flawed analytical approach, insufficient/contradictory reasons, and misapprehension of evidence by the trial judge.
The Crown sought leave to appeal their 18-month conditional sentences, requesting custodial terms.
The Court of Appeal dismissed both the conviction appeals and the Crown's sentence appeals, upholding the trial judge's findings that the paramedics' actions constituted a marked departure from the standard of care and that the conditional sentences were fit.
Appeal from second-degree murder conviction dismissed; trial judge reasonably rejected defence expert evidence of psychosis.
The appellant appealed his conviction for second-degree murder of his intimate partner, arguing he lacked the capacity to form the requisite intent due to a cocaine-induced psychosis.
The trial judge rejected the defence psychiatric expert's opinion, finding it lacked objectivity and was inconsistent with the appellant's purposeful actions before, during, and after the shooting.
The Court of Appeal found no reversible error in the trial judge's assessment of the expert evidence and dismissed the appeal.
The Court dismissed the appeal, finding no misapprehension of evidence regarding peripheral identifying details.
The appellant, a taxi driver, appealed convictions for sexual assault with a weapon, sexual interference, and invitation to sexual touching involving a 9-year-old child.
The appeal centered on whether the trial judge misapprehended the complainant's evidence regarding the assailant's smoking and coffee-drinking habits, which the defence argued were central to identity.
The Court of Appeal dismissed the appeal, finding the trial judge did not misapprehend the evidence and that the details were peripheral to the complainant's core, credible, and reliable testimony.
The sentence appeal was dismissed as abandoned due to lack of submissions.
The court dismissed the appeal of a five-year sentence for the historic sexual abuse of a child.
The appellant, D.M., appealed a five-year custodial sentence for sexual exploitation and sexual interference of his daughter.
The appeal was based on three grounds: the sentencing judge allegedly erred by treating lack of remorse as an aggravating factor, mischaracterized a forensic psychiatric report regarding insight, and imposed an unfit sentence.
The Court of Appeal dismissed the appeal, finding no error in the sentencing judge's assessment of aggravating and mitigating factors, her interpretation of the forensic report, or the fitness of the sentence, which was within the appropriate range for such offences.