3 total
The accused's bail review application was dismissed because late disclosure of the complainant's text messages did not constitute a material change in circumstances.
The accused, Donald Wilhelm Parker, applied for a bail review to set aside a detention order, arguing that late disclosure of text messages constituted a material change in circumstances.
The court applied the Palmer criteria for material change and the St. Cloud standard of review.
It found that the text messages did not establish a material change and would not have altered the original detention decision, as they reinforced safety concerns for the complainant and her children.
The application for judicial interim release was dismissed.
Conviction appeal dismissed; trial judge's finding of incapacity to consent due to intoxication supported by evidence.
The appellant appealed his conviction for sexual assault, arguing the trial judge erred in finding the complainant was incapable of consenting due to her advanced state of intoxication.
The Court of Appeal dismissed the appeal, holding that the trial judge's conclusion was amply supported by the evidence.
The appeal from sentence was dismissed as abandoned.
Appeal from convictions for indecent assault and 18-month custodial sentence dismissed.
The appellant appealed his conviction on four counts of indecent assault and sought leave to appeal his 18-month sentence.
The appeal on conviction was based on the trial judge's charge to the jury regarding credibility, identity, and reasonable doubt.
The Court of Appeal found no reversible error in the jury charge and dismissed the conviction appeal.
On the sentence appeal, the Court found the trial judge erred in principle by stating inadequate supervision made a conditional sentence inappropriate, but ultimately held that an 18-month custodial sentence was fit given the nature of the historical offences against a young child.
The appeal was dismissed.
