Client's First Degree Murder Conviction Overturned by Court of Appeal

On Monday the Ontario Court of Appeal released their decision in R. v. Hall, 2018 ONCA 185, overturning Jeremy Hall's 2013 conviction for the first degree murder of Billy Mason. Along with Dirk Destine of Destine Penman, Stephanie DiGiuseppe was Mr. Hall's counsel before the Court of Appeal and has been his lawyer since 2011.

The Ontario Court of Appeal found that the trial judge improperly introduced evidence of a witness named Edmond Huard, who alleged that that he and Jeremy Hall had conspired to kill the prosecution's star witness Jason Lusted, two years after Mason's death. This was a complex and nuanced ground of appeal. However, ultimately, the Court agreed with Ms. DiGiuseppe's argument that Huard never should have been called as a witness because his evidence had no relevance to question of whether Jeremy Hall killed Billy Mason. The Court further agreed that the introduction of Huard's evidence induced the jury to engage in a process of circular reasoning which was improper and unfairly affected the verdict in Mr. Hall's trial. In addition, Huard's evidence was prejudicial and distorted the trial process. As a result of this error on the part of the trial judge, the Court of Appeal has overturned Mr. Hall's conviction and ordered that he have a new trial. 

Stephanie DiGiuseppe and Dirk Destine have represented Jeremy Hall in three homicide trials and three appeals. He was acquitted of two counts of counselling to commit murder in 2014, the acquittal was upheld before the Ontario Court of Appeal and the Supreme Court of Canada denied the Crown's application for leave to appeal in 2016. In 2015, a mistrial was declared following a hung jury in a separate trial for a single count of second degree murder. Mr. Hall subsequently pleaded guilty to manslaughter and received a two year sentence. That sentence will end this year. 

Full Decision: R. v. Hall, 2018 ONCA 185

In the news: Jeremy Hall Receives New Trial for Billy Mason Homicide