R. v. Hartman: Admitting Fresh Evidence On Appeal To Present New Defence

In his July 6, 2015 decision in R. v. Hartman, Justice Doherty, for a unanimous Ontario Court of Appeal, quashed a conviction and ordered a new trial, confined to the issue of whether the accused should be convicted or found Not Criminally Responsible by Reason of Mental Disorder ("NCR-MD"). The Court admitted fresh evidence that could suggest the accused suffered from "sexsomnia" at the time of committing a sexual assault. The decision is a very thorough review and interesting application of:

• the test for admission of fresh evidence;
• appellate courts' reviewing the competence of trial counsel; and
• the orders an appellate court can grant when quashing a conviction (e.g., substituting an acquittal or finding of NCR-MD, or ordering a new trial, possibly confined in scope).