Stephanie Pak

The appellant challenged a criminal appeal decision from the Court of Appeal for Ontario.

The Court heard the appeal and delivered an oral judgment the same day.

It held that the appeal should be dismissed substantially for the reasons of the majority in the provincial appellate court.

The appeal was dismissed.

The appellant, found not criminally responsible for criminal harassment, appealed the Ontario Review Board's disposition ordering his detention in a Secure Forensic Unit and retaining an electronics supervision clause.

The appellant argued the disposition was not the least onerous and restrictive option and that the Board improperly rejected a joint submission to remove the electronics clause.

The Court of Appeal dismissed these grounds, finding the Board's decisions reasonable given the appellant's recent elopements and worsening auditory hallucinations.

However, the appeal was allowed in part to reinstate clauses for indirectly supervised and accompanied privileges, which the Board had mistakenly removed.

The appellant sought leave to challenge a three-year sentence for breaching a long-term supervision order, arguing enhanced pre-sentence credit should have been granted.

Leave was granted but the sentence appeal was dismissed.

The appellant appealed his sexual assault conviction, arguing the trial judge misapprehended evidence regarding his semen found on a towel worn by the complainant.

The appellant claimed the semen was present because he was having an affair with the complainant's mother, who used the towel to clean him.

The trial judge rejected this evidence, finding no affair existed and the explanation implausible.

The Court of Appeal found no misapprehension of evidence, concluding the trial judge's findings were open to her and the inconsistencies regarding the towel's location did not undermine the DNA evidence.

The appeal was dismissed.