R v Manahan

The appellant was convicted of dangerous driving causing grievous bodily harm, contrary to section 328A of the Criminal Code. The matter came before the court on an appeal against the conviction and sentence, as well as an application for leave to appeal against the sentence. The appellant argued that he was deprived of a fair chance of acquittal due to a misdirection regarding the time period in which the offence occurred. Additionally, the appellant contended that there was a miscarriage of justice as the jury was not entitled to accept the evidence of one expert over another.

The court considered whether the misstatement of the time period deprived the appellant of a fair chance of acquittal, and whether the jury was entitled to accept the evidence of one expert over another. The court found that there was no misdirection or non-direction that could have led to a miscarriage of justice, as the jury was entitled to accept the evidence of one expert over another. The court also considered the factors to be taken into account when sentencing, such as the character of the offence and the hardship caused to the appellant and his family.

The appeal against conviction was dismissed, and the application for leave to appeal against the sentence was granted. The appeal against the sentence was allowed, and the sentence imposed below was varied. The term of imprisonment was to be wholly suspended.

The court ordered that the appeal against conviction be dismissed, that the application for leave to appeal against the sentence be granted, and that the appeal against the sentence be allowed. The sentence imposed below was to be varied, and the term of imprisonment was to be wholly suspended.