The decision from the Court of Appeal for Ontario said the 2016 trial was hard-fought, lengthy and contentious, with both Millard and Smich raising cutthroat defences in the case about the killing of the 32-year-old father from Hamilton.But the three-justice panel agreed the trial judge properly addressed the relevant issues.
The panel quickly dismissed Millard's appeal of his conviction for killing his father and the court is slated to release a decision on his and Smich's appeal in the murder of Laura Babcock on Thursday. Both argued the trial judge did not properly correct closing arguments presented by the prosecution and the others' lawyer that exceeded the evidence.But in the 51-paragraph decision, Justice Gillese disagreed. She wrote that there was"no unfairness as a result of the closing arguments" when considered in the context of the judge's"clear, specific, and repeated instructions to the jury," as well as the trial as a whole.
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