REGINA — The province's highest court has dismissed the appeal of Scott Leslie Keighley, who was convicted of multiple firearms offences after police found him unlawfully in possession of a sawed-off shotgun and ammunition.
The Court of Appeal released its unanimous three-judge decision on April 21, following a hearing held in March.
“A reasonable member of the public considering the circumstances of the trial as a whole would not conclude that a miscarriage of justice had occurred,” said Justice Neal Caldwell in the decision, with Justices Georgina Jackson and Naheed Bardai agreeing.
Keighley, who represented himself during his trial, argued that he acted out of necessity, claiming he took the weapon to prevent his girlfriend from harming herself. The trial judge rejected this defence, finding both he and his girlfriend lacked credibility.
On appeal, Keighley raised two main arguments. He said that trial irregularities and insufficient judicial assistance as a self-represented accused led to a miscarriage of justice, and that the trial judge failed to properly apply the burden of proof.
Justice Caldwell rejected both claims. The court found that Keighley had repeatedly refused offers of adjournment, understood the charges against him, and demonstrated a knowledge of trial procedures by making appropriate objections. The court said that while self-represented individuals may receive some guidance, trial judges can’t provide legal advice or strategy.
On the issue of proof, the court said that the trial judge correctly applied the criminal standard, acquitting Keighley on two charges where there was reasonable doubt.
