Why did the Crown appeal the accused’s acquittal?
One summer afternoon in 1992, Todd Johnston went for a ride with his girlfriend and two friends, Jason Boyd and Cory Goodine. After driving on some country roads near Arthurette, New Brunswick, Johnston stopped the truck. Without warning, he shot Boyd in the head with a revolver. He then removed Boyd’s body from the truck and dragged it a short distance.
Still holding the revolver, Johnston ordered Goodine to “get off the truck and help me because you’re in on this, too.” Goodine obeyed Johnston’s orders to drag the body into the woods. When the victim moaned, Johnston shot Boyd again in the back of the head. Medical evidence at trial indicated that either shot would have caused Boyd’s death. A few days later, Goodine told two of his friends about the murder and led them to Boyd’s body.
The next day, the friends reported the incident to the police, who arrested Goodine and charged him with being an accessory after the fact to murder. The accused was acquitted following a trial by jury. The Crown appealed to the Court of Appeal, but the appeal was dismissed.
Janes
Walden University
CRJ 202
Dr. Finteck
2/4/2022
Simply being aware of what it implies is not enough to win an appeal. There is need to have an understanding of the framework for the circumstances under which an appeal to a higher court might be appropriate. For instance, if one does not adhere to the stringent rules and regulations that surround an appeal, a higher court may be likely to dismiss the case.
In the event that the appeal appears to be a frivolous waste of time, they are also likely to reject it. In other circumstances, they have the option of filing a motion to have the appeal dismissed if the case has reached the stage where it is essentially “moot” by the time it is heard by the higher court. If one was appealing a decision because of unfair working conditions at the place of employment, this might be the situation you find yourself in. If the terms of the agreement were altered before the appeal hearing or a strike was settled, then the case is rendered moot, and it is possible that it will be dismissed.
In order to be successful, an appeal needs to be based on actual legal merit. The fact that the judge’s instructions to the jury were not clear, which ultimately had an impact on the outcome of the case, is a valid basis for appealing the decision. However, you also have the option of filing a frivolous appeal, which has a much higher chance of being rejected.