Criminal - Appeal - Dismissal Where Error Immaterial [CCC 759(3)]
. R. v. Smith
In R. v. Smith (Ont CA, 2023) the Court of Appeal considered a 'dangerous offender' on the meaning of the statutory phrasing "pattern of persistent aggressive behaviour" [CCC s.753(1)(a)(ii)]. In this quote the court cites a statutory CCC provision regarding the dismissal of an appeal where any found error was not material:
[54] Section 759(3)(b) allows an appellate court to dismiss an appeal, even in the face of legal error, provided the court is satisfied that there is “no reasonable possibility that the verdict would have been any different had the error of law not been made” and that the error “has resulted in no substantial wrong or miscarriage of justice”: R. v. Johnson, 2003 SCC 46, [2003] 2 S.C.R. 357, at paras. 47-49; Boutilier, at paras. 82-83; and Sipos, at para. 24.
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