R. v. J.K.

Summary

Short oral ONCA endorsement by duty counsel appeal. Appellant, for the first time on appeal, argued images were not CSAEM; trial judge had noted the issue was not directly challenged but still required proof and found the definition met. Court saw no error (paras. 2-3). On sentence, read as a whole, the judge considered mitigating factors despite saying there were none (para. 4).

Outcome

Conviction appeal dismissed. Leave to appeal sentence granted and sentence appeal dismissed (para. 5).

Why this case matters

The Court of Appeal held that an issue raised for the first time on appeal was not the appellant's to litigate there, and that sentencing reasons read as a whole showed mitigating factors were considered.

Paragraph references

Paras. 2-3: appellant need not litigate issue first on appeal; no error in trial judge's CSAEM finding; images need not be viewed on appeal. Para. 4: reasons read as a whole show mitigating factors considered. Para. 5: disposition.