Tamara Duncan

The appellant, an aboriginal young person, appealed her disposition of eighteen months secure custody and six months probation for assault causing bodily harm, mischief, and failure to comply.

The Crown conceded the disposition was excessive.

Fresh evidence showed the appellant's aboriginal heritage had not been considered and she had made excellent progress in custody.

The Court of Appeal allowed the appeal, varying the disposition to time served and striking the additional six-month probation period.

The appellant appealed his conviction for aggravated assault.

The Crown conceded that the trial judge misapprehended an important piece of evidence given by the appellant, which may have affected her assessment of his credibility, entitling the appellant to a new trial.

The appellant argued the verdict was unreasonable based on self-defence, but the Court of Appeal held it was open to a trier of fact to accept the complainant's evidence regarding the sequence of events.

The conviction was quashed and a new trial ordered, with a recommendation that the Crown consider the frailties in the complainant's evidence and that the appellant had already served his sentence.

The appellant appealed his conviction for second degree murder and his parole ineligibility period.

At trial, the appellant raised defences of provocation and lack of intent.

The Court of Appeal found that the trial judge erred by improperly removing from the jury's consideration acts by the deceased that could amount to wrongful acts for the provocation defence, specifically brandishing a knife and engaging in a physical struggle.

Furthermore, the trial judge failed to direct the jury to evidence supporting the appellant's lack of intent, including expert testimony regarding his mental state.

The appeal was allowed, the conviction set aside, and a new trial ordered.