S. Donoghue

The appellant appealed his convictions for assault with a weapon and assault causing bodily harm arising from a stabbing at a wedding reception.

The appellant argued the trial judge misapprehended evidence and erred in applying the law of self-defence.

The Superior Court of Justice found the trial judge correctly applied the three-part test for self-defence under section 34 of the Criminal Code and reasonably concluded the appellant's response was disproportionate and not a justified act of self-defence.

The appeal against conviction was dismissed, though the victim fine surcharge was set aside.

The defendant applied for a bail review under s. 520 of the Criminal Code after being denied bail on the tertiary ground for charges related to an armed home invasion.

The reviewing judge found that new evidence, including an enhanced bail plan and the arrest of another suspect, met the Palmer criteria for admission.

The judge also found that the original bail judge erred by failing to consider the defendant's Charter right to reasonable bail and by overstating the gravity of the offence and the strength of the Crown's case.

Concluding that detention was not necessary to maintain public confidence in the administration of justice, the court granted the bail review and ordered the defendant's release on strict conditions.