July 20th, 2017 Update
Sexual assault trial. Alleged breast squeeze of a 14 year old complainant with “mental challenges” in a public place. Accused testified and denied the offence. W(D) case. Held: Convicted. Accused’s denial must be assessed within the context of the evidence as a whole. “There have been circumstances where the accused had proffered a plausible denial … Read More.
R v King, 2017 Alberta Court Of Appeal (Edmonton) 212 per Berger, Slatter, Greckol, JA – T. Judge: Ackerl, J:
Defence appeal from 28 month jail sentence (time served) and 3 years probation, imposed after the accused was convicted of possession of child pornography and several breach of probation offences. Held: Appeal allowed, sentence reduced to 15 months jail. Probation upheld. “Probation is particularly useful for offenders such as the appellant who served their entire … Read More.
R v Harkes, 2017 Alberta Court Of Appeal (Calgary) 229 per Paperny, O’Ferrall, Martin, JA – T. Judge: Nation, J.
Appeal from jury second degree murder conviction. Appellant and young offender had common design to enter into a house and commit assault. Altercation ensued in which the appellant stabbed the victim multiple times. After the appellant walked away, the young offender stabbed the victim in the back, severing his aorta. Held: Appeal allowed, new trial. … Read More.
Impaired driving trial. Issue regarding whether police had reasonable grounds to arrest and make a breath demand. Police responded to a complaint regarding a hit and run and possible impaired driver. Damaged vehicle located. Accused was passed out in the driver’s seat. Strong odour of alcohol. Accused arrested within two minutes of police arrival. Held: … Read More.
Sexual assault trial. Strip search and penile swab conducted resulting in DNA evidence. Trial judge previously found breach of s 8 given that one extra officer was present during the swab, that the accused was completely undressed at one time, and that the police failed to keep a full record of the search. Issue regarding … Read More.
Application for bail pending appeal. Accused convicted of trafficking approximately 1 kilogram of cocaine. Charter issue at trial related to an application to exclude text messages exchanged between the accused and a cell phone that had been seized by police. Held: Bail denied. Bail denied on the basis of public safety. Charter issue on appeal … Read More.
July 12th, 2017 Update
Accused convicted of sexual assault following trial. Accused was a 56 year old homeless aboriginal man, who sexually assaulted (vaginal intercourse) a 60 year old woman who occasionally provided the accused with shelter. Various Gladue factors present including long term addictions issues, very limited education, and community displacement. Held: 4 years jail. Arcand, 2010 ABCA … Read More.
Accused pleaded guilty to causing bodily harm to a police officer engaged in the execution of his duty (270.01(1) CC) and dangerous driving causing bodily harm to the same police officer (249(1)(a) CC). Police officer was dragged by accused’s vehicle following a traffic stop. Issue regarding whether the Kienapple principle applied. Held: Kienapple not applying. … Read More.
R v Barton, 2017 Alberta Court Of Appeal (Edmonton) per Fraser, Watson, Martin, JA – T. Judge: Graesser, J:
Crown appeal from jury acquittal on a first degree murder charge. Victim was found dead in a bathtub in a hotel room occupied by the accused. She died from blood loss from a more than 11 cm long perforation of her vaginal wall. Accused claimed that the injury was caused by accident and that … Read More.
Law Society of Alberta v Sidhu, 2017 Alberta Court Of Appeal per Paperny, McDonald, Crighton, JA – T. Judge Neufeld, J:
Appellant (a lawyer) was convicted of drug trafficking. The Law Society embarked upon a investigation pursuant to s 55 of the Legal Profession Act (LPA) regarding the seizure of phone / computer records, and ultimately obtained a court order directing compliance pursuant to 55(3). Issue regarding constitutional validity of s 55 LPA. Held: s. 55 … Read More.