R v McQuire

The matter of R v McQuire involved a criminal appeal where the applicant had been convicted on seven counts of misappropriation of property. Following the conviction, the applicant was ordered to pay compensation for half the total amount misappropriated. During sentencing, the prosecution presented information about the applicant's financial position, which was not directly contested by the applicant's counsel. In the appeal, the applicant attempted to introduce an accountant's report to challenge the compensation order, arguing that the sentencing was based on a factual error.

The court was tasked with determining whether the compensation order could be challenged on the basis of a clear factual error of substance, given the information presented during sentencing. The court had to assess the relevance and admissibility of the accountant's report, which was presented for the first time on appeal. Additionally, the court needed to decide whether the application to reopen the sentence, which was filed out of time, should be granted, considering the lack of a satisfactory explanation for the delay.

In its reasoning, the court held that the applicant had not established a clear factual error of substance in relation to the compensation order, as the information presented during sentencing was not directly disputed and the accountant's report was not admissible as it was presented for the first time on appeal. The court further found that the application to extend the time to reopen the sentence was not justified due to the lack of a satisfactory explanation for the delay. Consequently, the application to extend the time within which to reopen the sentence was refused.