April 13th, 2018 Update

R v Blanchard, 2018 Edmonton Court Of Queen’s Bench – Victim Impact Statement From 38 Years Ago Admissible Against Dangerous Offender

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Dangerous offender hearing. Issue of whether a victim impact statement from a previous offence (which accused was convicted of in 1980) was admissible in relation to determination of the dangerous offender designation. Held: Victim Impact Statement admissible. “Section 722(1) does not distinguish between regular sentencing hearings and dangerous offender hearings. It does refer to ‘any … Read More.

R v Rasberry, 2018 Alberta Court Of Appeal (Calgary) – 7 Year Sentence Fit For Manslaughter Of Friend

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  Appeal from a 7-year sentence after appellant was convicted of manslaughter. Accused and victim were middle-aged professionals. After a night of drinking, the victim pushed the appellant against a counter and threatened to beat and rape him and his wife. Appellant then stabbed the victim 23 times. Appellant called 911 and tried to help … Read More.

R v Sarasin, 2018 Wetaskiwin Court Of Queen’s Bench – Vehicle On Side Still Presumed Drivable

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Summary appeal of conviction for driving over 0.08. Two civilians found the appellant’s vehicle flipped onto its side, still running with the fuel tank leaking. The appellant was found at the bottom of the vehicle, on the driver’s side with his legs beneath the steering wheel. Issue of whether the appellant was in care and … Read More.

R v Steiert, 2018 Edmonton Court Of Queen’s Bench – Defence Counsel’s Cross Reigned in

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Summary conviction appeal for uttering threats. Issue on appeal of whether the trial judge unfairly restricted cross-examination. During the trial, the complainant referred to advice from her lawyer not to release her child to the Appellant. The trial judge found that privilege had not been entirely waived, and prevented cross-examination about all legal advice the … Read More.

R v Johannesson, 2018 Edmonton Court Of Queen’s Bench – Defence Gets Costs From Crown By Forcing Defence Counsel To Take Action

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Application for costs against the Crown by accused’s trial counsel. Following acquittal at trial, Crown brought a summary conviction appeal. Crown attempted to serve trial counsel with the Notice of Appeal, who refused service as she was no longer retained. Crown brought ex-parte order for substitutional service, which led to a hearing to set aside … Read More.

R v Beairsto, 2018 Alberta Court Of Appeal (Edmonton) – Deception Does Not Amount To Interception Of Text Messages

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Appeal from conviction for trafficking cocaine. Undercover officer arranged a drug transaction via mail through a text conversation. Recipient had previously had his phone seized by police in a separate investigation, when police noticed a drug-related conversation with the appellant. An officer added himself to the conversation and engaged in text messages with the appellant, … Read More.

March 22nd, 2018 Update

R v Cochrane, 2018 Alberta Court Of Appeal (Calgary) – Self-Represented Voir Dire Evidence Excluded On Appeal

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Appellant convicted of numerous weapons and Customs Act offences. Accused was self-represented at trial and testified on a blended voir dire relating to Charter issues. Issue on appeal of “whether the evidence from the voir dire was properly applied to the trial proper”. Held: Appeal allowed; conviction quashed. As per Darrach, 2000 SCC 46, accused’s … Read More.

R v Head, 2018 Calgary Court Of Queen’s Bench – Drug Sniffing Dog Performance Records Relevant Disclosure

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Disclosure application. Accused was charged with possession of marijuana for the purposes of trafficking following a dog-sniff search. Issue of whether “C277” operational search documents from all prior investigations involving the same dog should be disclosed. Held: Application allowed in part. Records and tests of specific sniffer dogs are significant as to the reasonableness of … Read More.

R v Ziegler, 2018 Alberta Court Of Appeal (Edmonton) – Common Sense Inference Of Intent To Kill

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Appeal from attempted murder conviction. Appellant shot his landlord in the head at close range with a makeshift firearm. Issue of whether trial judge erred in applying the “common sense inference” test (that individuals intend the probable consequences of their actions) in finding that the appellant had the intent to kill. Held: Appeal dismissed. Trial … Read More.

R v Brown, 2018 Edmonton Court Of Queen’s Bench – Pre-Charge Delay Not Counted Towards Unreasonable Trial Delay

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Accused found guilty after trial, 25 months after charges were laid (post-charge delay). Defence argued that for purposes of Jordan (2016 SCC 27), the clock started to run from the date police had completed investigation, over a year prior to accused being charged (pre-charge delay), bringing the total time to 37 months. This made the … Read More.