Appeal from conviction by jury for unlawful confinement, touching for a sexual purpose, and other offences relating to 5-year old complainant. Issue on appeal of whether Crown conduct (manner in which the Crown conducted dock ID, and Crown submissions regarding portions of accused’s police interview) rendered the trial unfair. Trial counsel did not object on these points, which counsel on appeal characterised as “unwise”.
Held: Appeal dismissed.
“To be fair, failure to object (or actual contribution to the content of the charge) is not by itself dispositive against an appeal submission…whether or not the failure or actual contribution to the content is the result of counsel error”: Rodgerson, 2015 SCC 38. However, it may “indicate that counsel was satisfied with the situation in the trial context” or strategic choices. Defence theory at trial was the events did not occur, and ID was not a significant issue. Further, no reversible error in how the police statement was dealt with.
K. Molle – Defence Counsel