Robert Lepore

The appellant appealed a conviction entered by a jury.

The Court of Appeal found the jury verdict unreasonable, as the conclusion that the appellant was a party to the offence relied on mere speculation that the transaction was fraudulent from the outset or that the appellant aided the transaction after it was shown to be fraudulent.

The appeal was allowed, the conviction set aside, and an acquittal entered.

The appellant appealed his conviction and sentence for criminal negligence causing bodily harm arising from a street racing incident.

He argued the trial judge erred in admitting the out-of-court statements of a recanting witness, allowing the jury to view a DVD of the statement during deliberations, and instructing the jury on criminal negligence.

He also appealed the rejection of a conditional sentence.

The Court of Appeal dismissed the appeal, finding the hearsay statements were necessary and reliable, the jury instructions were adequate, and a significant custodial sentence was required to deter street racing.

The plaintiff's action was dismissed after the trial judge refused to grant a third adjournment.

The plaintiff, who was unrepresented after his lawyer was removed from the record, failed to retain new counsel in time for the peremptory trial date and failed to pay the costs thrown away from a previous adjournment.

The Court of Appeal dismissed the appeal, holding that the trial judge's refusal was justified given the plaintiff's lack of diligence in retaining counsel and his failure to comply with the court's costs order.