Saskatchewan man convicted in 2006 death of Misha Pavelick appeals 7-year sentence

A Saskatchewan man convicted in the 2006 killing of Misha Pavelick is challenging his seven-year youth sentence, according to court documents. His appeal, filed by defense lawyer Andrew Hitchcock, claims the trial judge, Justice Catherine Dawson, presided over the case unfairly. The defense alleges Dawson managed the proceedings in a manner that "unduly favoured the Crown."

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a manner that unduly favoured the Crown.

The appeal paperwork details several alleged missteps. It states that the mishandling of the case began after jury selection, when jurors were informed of the basic facts, including circumstantial evidence. The defense argues that if they had received this information earlier, they could have prepared more effectively for court. Additionally, the appeal claims Dawson misapplied case law related to cross-examination, specifically the confrontation rule established in *Browne v. Dunn*. This rule requires that if a witness's testimony will be challenged, they must be informed and allowed to respond during cross-examination.

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if one witness’ recollection of events will be challenged by evidence that has not yet been presented, the witness must be informed and allowed to respond during the cross-examination.

Further accusations include the judge misrepresenting witness testimony by suggesting one person's evidence could corroborate another's. The defense also contends that Dawson showed a preference for the prosecution during closing arguments by deeming a phrase used by defense counsel "inappropriate." If the appeal is successful and a new trial is ordered, the defense has requested a judge-only trial. The convicted man, now 37, was a minor at the time of the 2006 stabbing, which occurred at a graduation party near Regina Beach, Sask. His identity remains protected under the Youth Criminal Justice Act, and the seven-year sentence is the maximum allowed for second-degree murder under that act.

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a phrase used by defence council was not appropriate.