BETWEEN:
and
Heard at Ottawa, Ontario, on August 4, 2005.
Judgment delivered from the Bench at Ottawa, Ontario, on August 4, 2005.
REASONS FOR JUDGMENT OF THE COURT BY: ROTHSTEIN J.A.
Date: 20050804
Docket: CMAC-481
Citation: 2005 CMAC 5
CORAM: BLANCHARD C.J.
ROTHSTEIN J.A.
DAWSON J.A.
BETWEEN:
CORPORAL M. J. KEMP
Applicant/Appellant
and
HER MAJESTY THE QUEEN
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Ottawa, on August 4, 2005
[1] The Appellant challenges the credibility findings of the military judge. In spite of the able arguments of counsel for the Appellant, we have not been persuaded that the military judge made a palpable and overriding error that would justify this Court interfering with her decision. The appeal in respect of the conviction ordered by the military judge will be dismissed.
[2] Insofar as sentence is concerned, even taking account of the evidence sought to be introduced, and the issue of parity, and having regard to all the circumstances, we have not been persuaded that the sentence imposed is demonstrably unfit so as to justify this Court's interference with it. The appeal of the sentence will be dismissed. It is therefore not necessary to decide the motion for the admission of new evidence pertaining to sentence.
COURT MARTIAL APPEAL COURT OF CANADA
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: CMAC-481
STYLE OF CAUSE: Corporal M. J. Kemp and Her Majesty the Queen
PLACE OF HEARING: Ottawa, Ontario
DATE OF HEARING: August 4, 2005
REASONS FOR JUDGMENT
OF THE COURT: Blanchard C.J., Rothstein and Dawson JJ.A.
RENDERED FROM THE
BENCH BY: Rothstein J.A.
APPEARANCES:
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Col. (Ret'd) Michel W. Drapeaui Ms. Laura C. Snowball
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|
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Major R. F. Holman
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SOLICITORS OF RECORD:
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Barrick Poulsen LLP Ottawa, Ontario
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Office of the Directorate of Military Prosecutions Ottawa, Ontario
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