July 27th, 2018

Contemporaneous Statements Admitted As Corroborative Evidence – R v Demedeiros, 2018 Alberta Court Of Appeal

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Appeal from conviction of sexual assault and unlawful confinement. Complainant’s credibility and reliability were central issues at trial. On appeal, issue was whether the trial judge improperly used res gestae statements (a 911 call and a statement made by the complainant to a neighbour after jumping out a window) as confirmatory evidence. Held: Appeal dismissed. … Read More.

August 18th, 2017

R v AGW, 2017 Court Of Appeal (Calgary) per Berger, Martin, Strekaf, JA – T Judge: Langston, J:

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  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.