The appellant was convicted of first degree murder, sexual assault causing bodily harm, and kidnapping of an eight-year-old child.
On appeal, he argued the trial judge erred in his instructions on post-offence conduct, in admitting a portion of the co-accused's videotaped statement for the truth of its contents, and in failing to give a Vetrovec warning regarding the co-accused's testimony.
The Court of Appeal dismissed the appeal, finding no evidential foundation for an accessory after the fact defence, that the videotaped statement met threshold reliability, and that the trial judge properly exercised his discretion to omit a Vetrovec warning at the tactical request of defence counsel.
