In the present case, the Court of Appeal determined
the fresh evidence in question «sheds no light» on the pivotal issue in the case which was whether the Respondent knowingly engaged in unlawful conduct he knew would likely injure the Appellants.
Criminal Law: Dangerous v. Long - Term Offender Designations R. v. Sipos, 2014 SCC 47 The S.C.C. took a somewhat narrower view of the role of
fresh evidence in relation to the
question of whether the sentencing judge's legal error was harmless, and held the C.A. was correct to uphold the dangerous offender designation
in this case.