June 13th, 2019

Bail Delay Over 24 Hours Should Not Have Resulted In Stay Of Charge – R v Reilly, 2019 Alberta Court Of Appeal

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Crown appealed a stay of charges of assault causing bodily harm, unlawful confinement, assault, mischief, and failure to comply with probation order arising in a domestic context. The stay was granted under s. 24(1) due to systemic problems within the bail system in Alberta, which resulted in the accused being held for longer than 24 … Read More.

June 3rd, 2019

One Year Sentenced Changed To House Arrest On Appeal On Careless Use Of Firearm – R v Bergh, Alberta Court Of Appeal

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Defence appeal from one-year jail sentence imposed for s 86(1) CC offence. Gun was discharged, causing serious injuries, during sex between appellant & complainant as he was running it along her side, back and buttocks. Neither party knew it was loaded. Both were using intoxicants. Appellant argued sentencing judge erred in overemphasizing dated criminal record … Read More.

January 28th, 2019

Trial fairness prejudiced by Judge’s constant intervention of cross-examination – R. v Quintero-Gelvez, 2019 Alberta Court Of Appeal

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Defence appeal from conviction at trial of sexual assault. Issue on appeal of whether the trial judge’s numerous interjections during cross-examination of the complainant impeded the accused’s right to make full answer and defence. Held: Appeal allowed; new trial. Schmaltz, 2015 ABCA 4 followed. “A review of the transcript of the cross-examination of the complainant … Read More.

Adjournment denied for s. 276 application does not affect fairness to trial conviction – R. v Kulasingam, 2019 Alberta Court Of Appeal

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Defence appeal from dismissal of summary conviction appeal. Accused was convicted of sexual assault and unlawful confinement. Issue on appeal of whether “the trial judge’s refusal to grant an adjournment to allow the appellant’s trial counsel to correct his procedural error [failure to bring a s. 276 application] resulted in an unfair trial”, or the … Read More.

Prison knife kept for protection dangerous, not just defensive. Conviction upheld – R. v McCargar, 2019 Alberta Court Of Appeal

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Appeal from conviction for possession of a weapon for a purpose dangerous to the public peace. Appellant was a serving prisoner found in possession of a plastic knife with razor blades. At trial, the appellant testified that he kept it for his own protection. Issue on appeal as to whether the trial judge erred in … Read More.

November 15th, 2018

Self-Interested Letter From Co-Accused Not Admissible For It’s Truth – R. v. Cuthill, 2018 Alberta Court Of Appeal

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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.

Conviction Overturned As Complainant Testified She “Consented” To A Fight Which Included Choking – R v Gardiner, 2018 Alberta Court of Appeal

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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

Appeal Rejects Argument That Trial Judge Failed To Consider Excupatory Impaired Evidence – R v Schultenkamper, 2018 Edmonton Queen’s Bench

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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

1st Degree Murder Upheld, Totality Of Circumstances Establishes Planning Intent – R v Chomiak, 2018 Alberta Court Of Appeal

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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

Entrapment Test Dilution Denied Crown – R v Pucci, 2018 Alberta Court Of Appeal

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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.