November 15th, 2018 Update
R. v. Rowan, 2018 Leduct Provincial Court – No Contact Bail Breach Receives Lessor Sentence As Neither Party Wanted Condition
Accused pleaded guilty to breach of a ‘no-go’ recognizance condition in relation to her domestic partner of 20 years. Neither the accused nor victim had any intention of abiding by the condition. Indigenous accused with a related prior record. Held: 10 days’ imprisonment plus 5 days credit for pre-trial custody. Discussion of no contact/no-go bail … Read More.
R. v. Gallant, 2018 Alberta Court Of Appeal – Sentence Reduced Due To Assault On Accused By Remand Centre Guard
Defence appeal of 5-year sentence for multiple domestic violence-related offences, including assault with a weapon, obstruction, and unlawfully in a dwelling house. While in custody at the Edmonton Remand Centre (ERC) the accused was assaulted by two guards and suffered a broken arm. Held: Appeal allowed; sentence reduced by 90 days. Sentencing judge erred in … Read More.
Sentencing of accused for publication of intimate images without consent under s. 162.1 CC. After the accused’s girlfriend ended their 3-year relationship, he became angry and posted nude pictures of her online, along with her name and derogatory comments. The next day, the accused attempted to have the images taken down, but was unsuccessful. 25-year … Read More.
R. v. Bax, 2018 Leduc Provincial Court – Accused Failing To Provide A Suitable Roadside Sample Acquitted- Tried “As Hard As She Could”
Trial for failure to comply with a breath demand and impaired care or control of a motor vehicle. Issue of whether the mens rea of refusal was established. Accused testified that she “tried as hard as she could” to provide samples, but suffered from anxiety and was unable to do so. Held: Acquittal. The mens … Read More.
R. v. Cuthill, 2018 Alberta Court Of Appeal – Self-Interested Letter From Co-Accused Not Admissible For It’s Truth
Three co-accused appealed first-degree murder convictions. Issue on Tim Rempel’s appeal was whether the trial judge should have admitted a letter authored by the co-accused as an exception to the hearsay rule. Held: Appeal dismissed. Letter did not fall under traditional exception: “[t]he thrust of the letter is not an admission against penal interest, but … Read More.
R v Gardiner, 2018 Alberta Court of Appeal – Conviction Overturned As Complainant Testified She “Consented” To A Fight Which Included Choking
Defence appeal from assault conviction. Domestic context. At trial, complainant testified the fight was consensual but she did not want to be choked. Held: Appeal allowed. “The proper question was not whether the complainant consented to each and every application of force during the course of the fight, or whether she ‘wanted’ to be choked … Read More.
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 Precision Diversified, 2018 Alberta Court Of Appeal – Crown Must Prove That Worker Safety Is “Reasonably Practical”
Crown appeal from a summary conviction appeal judgment overturning convictions under the Occupational Health and Safety Act [OHSA] in relation to a workplace fatality. Questions of law on appeal were (1) whether the appeal judge erred in requiring the Crown to prove negligence or negate due diligence as part of the actus reus and (2) … 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.