April 30th, 2018
Appellant convicted at trial of assault with a weapon. Sole issue at trial was ID. Dock ID and appellant identified by police officer from security video. Issue on appeal of whether trial counsel’s concession of identity in closing argument, and failure to raise issues of video quality and frailties of dock ID constituted ineffective assistance. … Read More.
R v CJG, 2018 Alberta Court Of Appeal – Appeal Alleges Accused’s Testimony Held To Higher Scrutiny Than Complainant
Appeal from conviction for touching a minor for a sexual purpose. Appellant testified at trial and denied the offence; W(D) case. Argument on appeal that the trial judge applied a higher level of scrutiny to the appellant’s testimony than the complainant’s. Held: Appeal dismissed. Trial judges’ credibility assessments are given significant deference, and conclusions in … Read More.
Appeal from conviction by jury for unlawful confinement, touching for a sexual purpose, and other offences relating to 5-year old complainant. Issue on appeal of whether Crown conduct (manner in which the Crown conducted dock ID, and Crown submissions regarding portions of accused’s police interview) rendered the trial unfair. Trial counsel did not object on … Read More.