R. v. Lacombe

Summary

Appellant, self-represented, appealed a sexual assault conviction (Crown prosecuted four alleged incidents as a single transaction). The Court noted that the evidence he said was missing was not tendered on appeal, ineffective assistance was abandoned, and the trial findings and credibility assessments deserve deference, with no palpable and overriding error shown. Appeal dismissed. Publication ban under s. 486.4 applies.

Outcome

Conviction appeal dismissed (para 9). Sentence leave previously declined Feb 5, 2025; sentence fully served (para 2).

Why this case matters

A conviction appeal cannot succeed on evidence that was never tendered on appeal, or on rearguing credibility findings, without showing palpable and overriding error.

Paragraph references

Paras 4-6: evidence not tendered on appeal, ineffective assistance ground not pursued, personal-knowledge matters not raised at trial; paras 7-8: rearguing facts, deference, no palpable and overriding error; para 9: dismissal; para 2: sentence leave declined; fn 1: s. 486.4 ban.