September 14th, 2018 Update
R v Bjornson, 2018 Alberta Court Of Appeal – Conviction Overturned, Other Reasonable Inferences As To Possession Of Drugs In Car
Appeal from conviction for possession of drugs for the purpose of trafficking. Appellant was arrested after a vehicle stop when police discovered that the vehicle he was driving was unregistered and had a stolen licence plate. Police found drugs and paraphernalia in a sunglass case inside the cupholder following a vehicle search. Issues on appeal … Read More.
R v Griffin, 2018 Alberta Court Of Appeal – “Read Holistically” Conviction Verdict Did Not Show W(D) Error
Appeal by accused from conviction for sexual assault of his step-children. At trial, the accused testified and denied that the incidents occurred. Issue on appeal of whether the trial judge erred in his assessment of the accused’s and complainant’s evidence, and his application of the W(D) analysis. Held: Appeal dismissed. “After carefully considering the appellant’s … Read More.
R v Schultenkamper, 2018 Edmonton Queen’s Bench – Appeal Rejects Argument That Trial Judge Failed To Consider Excupatory Impaired Evidence
Summary conviction appeal from impaired driving conviction. Defence argued on appeal that the trial judge failed to appreciate exculpatory evidence regarding whether the Appellant’s ability to drive was impaired by alcohol. The trial judge’s reasons did not mention certain “evidence of non-impairment” such as a lack of slurred speech, fine motor difficulty, disordered thinking, and … Read More.
First degree murder trial. Main issue at trial was the identity of the person who shot the deceased. The accused did not testify, but denied being the shooter in a series of text messages to a friend. Crown’s case on identity was based largely on eyewitness evidence. Held: Acquittal. Following BD, 2011 ONCA 51, the … Read More.
Defence appeal from conviction on the basis that the trial judge erred in dismissing s. 11(b) application. Transitional case. Issue on appeal of whether the 18-month presumptive ceiling in Jordan applies to Youth Criminal Justice Act matters. Held: Appeal dismissed. Court of Appeal was divided three ways on disposition of the appeal. Wakeling, JA, dismissed … Read More.
August 28th, 2018 Update
R v Ozorka, 2018 Edmonton Provincial Court – Video Testimony Permitted For Vulnerable Sexual Assault Complainant
Crown application under s. 714.1 CC for the complainant in sexual assault trial to testify by video link from Ontario. Complainant suffered from post-traumatic stress disorder, and previous trial date had been adjourned due to her mental breakdown and inability to testify. Held: Application granted. SDL, 2017 NSCA 58 set out several principles to guide … Read More.
43-year old accused pleaded guilty to possession of unstamped tobacco for the purpose of sale under s. 121.1(1) CC. 68,000 grams of flavoured contraband tobacco were seized which translated to about $25,000 in avoided taxes. Accused was remorseful and of prior good character. Defence sought a conditional discharge. Held: $1500 fine + VFS imposed. Factors … Read More.
R v Tinco Zambrano, 2018 Calgary Queen’s Bench – Severance Of Counts Permitted For Sexual Assault Due To Trial Prejudice
Accused charged with two counts of sexual assault in relation to two different complainants. Both alleged incidents occurred in the course of the accused’s employment as a massage therapist, but the degree of physical contact differed significantly. Application by accused for severance of the counts. Current election of judge and jury. Held: Severance application allowed. … Read More.
R v Rajpu, 2018 Calgary Queen’s Bench – Challenge Of Jurors Allowed Due To Risk Of Bias Towards Accused Of East Indian Descent
Accused charged with sexual assault. Defence application under s. 638(1)(b) to challenge potential jurors for cause on the basis of racial prejudice, as the accused was of East Indian descent. Held: Leave granted to challenge potential jurors for cause. In considering an application for challenge on the basis of racial prejudice, the first ‘attitudinal’ step … Read More.
R v Schroeder, 2018 Edmonton Provincial Court – Impaired Acquittal As Presumption Of Accuracy Not Available
Impaired driving trial for charges under ss. 253(1)(a) and (b) CC. Readings of 110mg% and 100mg% were noted on the Certificate of Analysis, but investigating officer testified that the technician advised, and he recorded in his notes, readings of 120mg% and 100mg%. Held: Acquittal. “The evidence in the present case shows that the instrument may … Read More.