Victor O’Brien

The appellant appealed his convictions for multiple counts of fraud, attempted fraud, identity theft, and fraudulent personation, as well as the restitution order imposed.

The appellant sought to adduce fresh evidence, including a psychiatric report and his own affidavit, to explain why he did not testify at trial and to establish what his evidence would have been.

The Court of Appeal dismissed the application to adduce fresh evidence, finding that the appellant made a free and informed choice not to testify, as evidenced by written instructions signed before trial.

The court also dismissed the sentence appeal regarding the $300,000 restitution order, finding no basis to interfere with the trial judge's sentencing discretion.

The appellant, Jude Thangarajah, sought an extension of time to file a notice of appeal from his 2017 convictions and to seek leave to appeal his sentence.

The Court of Appeal for Ontario dismissed the motion, finding that Mr. Thangarajah did not form a timely intention to appeal, failed to adequately explain the lengthy delay, and did not demonstrate arguable grounds of appeal.

The court also found that granting the extension would prejudice the Crown and the administration of justice, and emphasized the importance of finality for the complainant and the public.

The appellant pleaded guilty to possession of a loaded firearm and a prohibited device following a shootout incident.

He appealed his global sentence of three years and five months, arguing that the sentencing judge failed to properly weigh multiple mitigating factors.

The Court of Appeal dismissed the appeal, finding no error in principle or law and concluding that the sentence was not demonstrably unfit, affirming the deference owed to the sentencing judge's discretion.