2015 QCCA 312, 2015 QCCA 312

Gakmakge c. R. 2015 QCCA 312 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-004 922-116 (550-01-039484-086) DATE: FEBRUARY 13, 2015 CORAM: THE HONOURABLE ALLAN R. HILTON, J.A. MARIE-FRANCE BICH, J.A. NICHOLAS KASIRER, J.A. KHALID GAKMAKGE APPELLANT - Accused v. HER MAJESTY THE QUEEN RESPONDENT - Prosecutrix JUDGMENT [ 1 ] The appellant has appealed the judgment of the Superior Court, District of Gatineau rendered on April 12, 2011 by the Honourable Mr.

Justice Martin Castonguay by which he was sentenced to life imprisonment with ineligibility for parole before 14 years subsequent to having been found guilty of second degree murder. Only the period of ineligibility for parole is in issue in the sentence appeal. [ 2 ] In its judgment rendered today in file number 500-10-004893-119, the Court allows the appellant's appeal, sets aside the conviction of second degree murder and orders a new trial on that charge. [ 3 ] It follows that the sentence appeal has become academic, meaning that the Court is not required to address the merits of this appeal.

FOR THIS REASON, THE COURT: [ 4 ] DISMISSES the appeal as being moot. ALLAN R. HILTON, J.A. MARIE-FRANCE BICH, J.A. NICHOLAS KASIRER, J.A. Mtre Martin Binet Martin Binet, Avocat For the appellant Mtre Jean Campeau Director of Criminal and Penal Prosecutions For the respondent Date of hearing: February 10, 2015