The appellants challenged robbery and firearms convictions arising from a violent home invasion robbery involving multiple victims, police surveillance, intercepted communications, and a getaway vehicle stop.
The Court of Appeal rejected all conviction grounds, holding that any errors in the Corbett rulings, party liability instruction, identification charge, co-conspirator instruction, and post-offence conduct instruction either did not occur or caused no prejudice.
The court found the evidence against both appellants strong, including surveillance, wiretap evidence, and surrounding circumstantial evidence.
On sentence, however, the court found unwarranted disparity with a co-accused’s sentence and held that one appellant should have received enhanced credit for pretrial custody.
Leave to appeal sentence was granted and the sentences were reduced to 11 years and 10 years respectively.
