Terry S. Guerriero

The appellant appealed his sentence of 15 months for an armed robbery committed at knife point.

The trial judge had imposed a sentence higher than the Crown's submission and granted only 1-for-1 credit for pre-sentence custody without seeking submissions from counsel.

The Court of Appeal upheld the 15-month sentence but found the trial judge erred in denying 2-for-1 credit without submissions and by improperly considering the appellant's immigration status.

The appeal was allowed to the extent of increasing the pre-sentence custody credit to a 2-for-1 basis.

The Crown appealed an acquittal entered after the trial judge granted a motion for a directed verdict.

The Court of Appeal held that the identity of names between the person the complainant identified as her assailant and the accused constituted some evidence on the issue of identity.

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

The appellant appealed his conviction for sexual assault, arguing the trial judge erred regarding the complainant's capacity to consent and competency to testify.

The Court of Appeal dismissed the appeal, holding that capacity to consent and competency to testify are distinct issues.

The court found that even if the trial judge erred on capacity, she accepted the complainant's version of events, which indicated no consent.

Furthermore, the appellant's own testimony showed he failed to take reasonable steps to ascertain consent.