Six people caught in sting operations by the former News of the World investigations editor, Mazher Mahmood, are seeking leave to
appeal against convictions resulting from stories about them in the newspaper.
Not exact matches
Accused went to cottage of JC with whom she previously cohabited — Accused found JC with victim, another lady, in sauna — Angry words were exchanged between accused and JC — Victim testified that accused pushed her following verbal exchange, as a
result victim lost balance and ended up
against stove, thereby sustaining serious burns to body — Trial judge accepted victim's evidence that there was some kind of pushing — Accused convicted on one count of assault causing bodily harm, and sentenced to two - year term of probation and $ 1,000.00 fine, and accused was also ordered to provide DNA sample pursuant to s. 487.04 of Criminal Code — Accused
appealed —
Appeal against conviction dismissed — Although trial judge did not address analytical steps in order, he properly analyzed evidence and concluded that injuries sustained by victim were not accidental and could not have occurred in any other fashion than as stated by victim — Having provided reasons for accepting victim's evidence, trial judge was entitled to reject accused's evidence — Trial judge's reasoning, though skeletal, permitted accused and appellate court to determine how and why finding
resulted.
Accused went to cottage of JC with whom she previously cohabited — Accused found JC with victim, another lady, in sauna — Angry words were exchanged between accused and JC — Victim testified that accused pushed her following verbal exchange, as a
result victim lost balance and ended up
against stove, thereby sustaining serious burns to body — Trial judge accepted victim's evidence that there was some kind of pushing — Accused convicted on one count of assault causing bodily harm, and sentenced to two - year term of probation and $ 1,000.00 fine, accused was also ordered to provide DNA sample pursuant to s. 487.04 of Criminal Code — Accused
appealed —
Appeal against sentence was allowed — Trial judge erred in concluding that discharge was not appropriate in circumstances, especially given conclusion that accused did not deliberately attempt to injure victim — Trial judge found that there was no need for either specific deterrence or general deterrence; prime concern was need for denunciation of her conduct — Section 730 of Criminal Code permits discharge in cases of this nature, provided that it was in best interest of accused and not contrary to public interest — Accused was responsible individual with no record whatsoever, she held position as counsellor and social worker for 25 years — Trial judge did not find that
conviction would definitely affect her employment, but possibility existed, and such
conviction would necessarily
result in criminal record — There was no likelihood of re-offending — Conditional discharge would not be contrary to public interest.
As a
result, the Court of
Appeal quashed all
convictions against the defendant and ordered a new trial.
(2) If an organization has been convicted of an offence under this Act and the
conviction has become final as a
result of there being no further right of
appeal, a person affected by the conduct that gave rise to the offence has a cause of action
against the organization convicted of the offence for damages for actual harm that the person has suffered as a
result of the conduct.
Appointed in March 2003, he was originally given until December 31, 2005 to review and report on the investigations and circumstances surrounding the
resulting criminal proceedings
against Gregory Parsons and Randy Druken, and determine why Ronald Dalton's
appeal of his murder conviction took eight years to be heard by the Newfoundland and Labrador Court of A
appeal of his murder
conviction took eight years to be heard by the Newfoundland and Labrador Court of
AppealAppeal.