August 18th, 2017 Update
Appeal from sexual assault conviction. W(D) case. Alleged sexual assault at knifepoint. Complainant’s damaged bra and other cut clothing was entered at trial. In accepting the complainant’s account, trial judge relied (in part) upon “this supporting evidence”. Held: Appeal dismissed. Trial judge did not err in rejecting the accused’s evidence. “He was satisfied that … Read More.
Accused pleaded guilty to trafficking in cocaine. Four sales to an undercover police officer. Positive PSR and accused had taken steps to address addiction issues. Accused was from Pakistan, and was subject to possible deportation. Held: 18 months jail. Aggravating factors included: 4 sales, total weight of 8.3 grams of crack cocaine with a street … Read More.
Accused convicted of offences including aggravated sexual assault. Post-conviction application for a mistrial. Defence had discovered a witness, who if capable of belief, might of cast doubt on the complainant’s version of events. Held: Application dismissed. Test regarding the mistrial application informed by the general rules followed on an application to adduce fresh evidence on … Read More.
As members of the Calgary Police Gang Suppression Team entered into a restaurant, a group of patrons hurriedly left through the back door. The group was caught and detained. A subsequent telephone check confirmed that the accused was bound by a recognizance which he appeared to be breaching. A search then revealed a handgun. Held: … Read More.
Application pursuant to s 680 CC seeking a review by a full panel of the Court of Appeal of a denial of judicial interim release pending appeal. Accused was convicted of trafficking in cocaine. Main issue at trial related to the admissibility of intercepted communications. Held: Application denied. As per Oland, 2017 SCC 17, s … Read More.
Application for bail pending conviction appeal. Accused (unrepresented at trial) was convicted of sexual assault and sentenced to 8 years jail. Counsel was appointed at trial to cross-examine the complainant as per s 486.3 CC. Accused did not testify at trial, and believed that his statement to police (a denial) would be evidence considered by … Read More.
August 11th, 2017 Update
Accused pleaded guilty to theft from her brother’s company. Accused unlawfully transferred the money to a numbered company that she owned. $98,099.87 theft. $79,853.25 paid in restitution by the time of sentencing. Accused had a gambling disorder. Held: 18 months jail, and 12 months probation. As per Fulcher, 2007 ABCA 381: ” … absent truly … Read More.
35 year old aboriginal woman pleaded guilty to trafficking in cocaine. $100 worth of cocaine sold to an undercover police officer. Accused’s record (10 prior convictions) included one drug conviction (simple possession in 2008). Numerous Gladue factors including: limited education and employment opportunities; considerable death / suicide in her family; family members attended residential school; … Read More.
Accused convicted of various offences including aggravated sexual assault. Defence brought a mistrial application, and called a witness (Wilcox), who testified that the complainant had lied. Crown application to call two witnesses in response. These witnesses’ anticipated evidence was that the accused approached them while they were prisoners at the Remand Centre, and asked them … Read More.
Section 525 bail reviews in relation to multiple accused. Held: Recommendations made. “The Supreme Court of Canada has recently attempted to jolt us out of our complacency with respect to the pace of criminal proceedings”. Section 525 CC is a mechanism established by Parliament to ensure that trials are held within a reasonable time. Recommendations … Read More.