R. Michael Newton

The accused was convicted of assault and sexual assault and sentenced to four years' imprisonment.

He appealed his conviction but not his sentence.

The Court of Appeal dismissed the conviction appeal but, expressing unease with the sentence, invoked an alleged inherent jurisdiction to review the sentence proprio motu and ordered counsel to present arguments on sentence.

The Crown appealed this order.

The Supreme Court of Canada allowed the appeal, holding that appellate courts are purely statutory bodies and possess no inherent jurisdiction to review a sentence in the absence of an appeal against sentence.

The appellant appealed a decision of the Newfoundland Court of Appeal that had allowed the Crown's appeal from a stay of proceedings and ordered a new trial.

The Supreme Court of Canada dismissed the appeal, holding that the prosecution was not an abuse of process because it was initiated after an independent investigation, rather than to advance a civil interest to recover a debt.

The Court also agreed that there was no violation of the appellant's right to be tried within a reasonable time under section 11(b) of the Charter.