Vallery Marilyn Bayly

The appellant appealed his conviction entered on November 22, 2016, and sentence imposed on September 15, 2017, by the trial judge.

The Court of Appeal found no palpable and overriding errors in the trial judge's evidentiary findings, no errors of law in her self-instructions, and no palpable and overriding errors in her application of the law to the facts.

The trial judge did not engage in uneven scrutiny of the evidence.

The appeal was dismissed, and the sentence appeal was dismissed as abandoned.

The appellant sought leave to appeal from the summary conviction appeal judge's dismissal of his appeal from conviction under s. 445(1) of the Criminal Code for wilfully killing a dog.

The Court of Appeal found no error in the trial judge's finding of mens rea relating to recklessness.

The trial judge had found that the appellant threw the dog six feet onto a pile of debris with protruding nails, knowing that landing there was likely to cause the dog's death.

The motion for leave to appeal was dismissed as the test for granting leave to appeal had not been met.