The appellant appealed his conviction for misappropriation of money held under direction, arguing that the Court of Appeal lacked jurisdiction to overturn his acquittal, that the mens rea for the offence was not established, that s. 686(4)(b)(ii) of the Criminal Code violated s. 7 of the Charter, and that he was entitled to be sentenced by the original trial judge.
The Supreme Court of Canada dismissed the appeal, holding that the issue was a question of law, intentional misappropriation without mistake suffices for mens rea, the Charter was not violated, and sentencing by a new judge was permissible.
