November 15th, 2018
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
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.
June 8th, 2018
R v Chomiak, 2018 Alberta Court Of Appeal – 1st Degree Murder Upheld, Totality Of Circumstances Establishes Planning Intent
Appellant was convicted after trial of one count of first degree murder (of Ms. Chomiak, his estranged wife) and one count of second degree murder (of Ms. Bouchard), both by multiple gunshot wounds. Issue of whether trial judge erred in finding planning and deliberation to establish the first-degree murder offence. Trial judge relied on circumstantial … Read More.
June 1st, 2018
Crown appeal and application for reconsideration of Gladue, 2012 ABCA 143. Crown wished to challenge ratio that before police provide an opportunity to commit an offence, there must be pre-existing reasonable suspicion that the person is involved in the criminal activity to some degree. Crown argued that the standard could be met during the course … Read More.
November 14th, 2016
Appeal of conviction on one count of possession for the purpose of trafficking in cocaine. There was a 3-year delay in getting to trial, with none of the delay being the fault of the accused. The delay was the result of delays in getting disclosure, the Crown’s decision to prosecute multiple individuals on the same … Read More.
October 28th, 2015
Client plead guilty to two breaches and failing to turn himself into the Remand Centre. Crown and Defence Counsel submitted that a sentence of between 30 to 60 days was appropriate. Sentencing Judge imposed 111 days without giving either Counsel an opportunity to speak to an increase in sentence. Appointed to appeal the increase in … Read More.
Client plead guilty to impaired driving, possession of stolen property, and breaches. Sentencing Judge imposed a one year period of probation, though neither Crown or Defence Counsel at the Sentencing Hearing had submitted that probation was appropriate and without giving either Counsel an opportunity to address that issue. Appointed to appeal term of probation imposed … Read More.
July 3rd, 2015
Client convicted of assault at trial by detaining a young women due to a dispute over payment of the fare. He grabbed her backpack as she tried to walk away, she struck at him and then he struck her. Sentenced to jail. Our firm retained to appeal the conviction and sentence. Client released on bail … Read More.
July 3rd, 2014
Appeal allowed on convictions for unlawful confinement, assault causing and uttering threats – all convictions quashed and new trial ordered. Trial judge’s reasons found to have not disclosed an analysis of the issues in keeping with the presumption of innocence and the burden of proof.