Rosella Cornaviera

The appellant was convicted of first degree murder at retrial following an earlier appeal that resulted in a new trial.

The Crown's theory was that the appellant arranged for someone, likely Daniel Di Trapani, to murder her husband.

The appellant challenged the trial judge's instructions to the jury, the alternative theory of liability permitting conviction based on an unknown killer, and the treatment of evidence from Teresa Mascia, a Crown witness who was declared adverse and cross-examined.

The Court of Appeal dismissed the appeal, finding that the trial judge adequately related evidence to legal issues, the alternative theory had an air of reality, and the treatment of Mascia's evidence, while containing minor errors, did not render the trial unfair.

The appellant was convicted of first degree murder in the death of William Mason.

The Crown's case relied primarily on the testimony of the appellant's co-accused, Jason Lusted, who pleaded guilty to accessory after the fact and became the main Crown witness.

The Crown also led circumstantial evidence including phone records, fire marshal testimony, and evidence from Edmund Huard regarding a plot to kill Lusted.

The appellant appealed on three grounds: errors regarding phone records, withdrawal of fire marshal evidence, and admission of Huard's evidence.

The Court of Appeal allowed the appeal and ordered a new trial, finding that Huard's evidence was inadmissible as it lacked probative value and required circular reasoning.