November 3rd, 2017
R. v. W. 2017 Edmonton Court of Queen’s Bench
Firm Cases Tags: Acquittal, Assault, Credibility
Client charged with assaulting and confining ex-partner during the breakdown of their relationship. Allegations involved two separate instances and serious injuries caused to the complainant. Client testified that the complainant was the aggressor and that there was no confinement. Held: Client acquitted of all counts. While the Court did not believe the client, it raised … Read More.
April 30th, 2018
R v CJG, 2018 Alberta Court Of Appeal – Appeal Alleges Accused’s Testimony Held To Higher Scrutiny Than Complainant
Law Updates Tags: Appeal Dismissed, Credibility, W(D)
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.
January 29th, 2018
R v Quartey, 2018 ABCA – Sexual Assault Stereotypes Not Applied In Rejecting Accused’s Evidence
Law Updates Tags: Credibility, Sexual Assault, Stereotypes
Appeal from sexual assault conviction. W(D) case with sole issue being consent. Trial judge found the appellant’s assertions that he was not interested in sex, wanted to avoid sexual contact, and refused the complainant’s attempts to fellate him to be “unbelievable”. Issue on appeal of whether trial judge erred by applying stereotypical myths in rejecting … Read More.
R v Fuhr, 2018 Alberta Court Of Appeal -Judge Did Not Shift Burden Of Proof
Law Updates Tags: Credibility, Shifting Burden Of Proof, W(D)
Appeal from conviction on multiple charges including assault causing bodily harm. Argument on appeal that the trial judge shifted the burden of proof by treating inconsistencies in complainant’s testimony more generously than inconsistencies in the appellant’s version of events. Held: Appeal dismissed. Appellant required to “point to something in the reasons of the trial judge … Read More.
December 29th, 2017
R v Church, 2017 Court Of Appeal (Calgary) – Credibility Finding Of Judge Upheld
Law Updates Tags: Credibility, Misapprehension of Evidence
Appeal from conviction for various offences including robbery and kidnapping. Central issue at trial was the credibility of two Crown witnesses. Trial judge’s reasons were inaccurate regarding one of the witness’s criminal record. Issue on appeal of whether these conceded inaccuracies tainted the credibility finding and verdict. Held: Appeal dismissed. “The trial judge did not … Read More.
September 13th, 2017
R v Giroux, 2017 Alberta (Edmonton) Court Of Appeal per Berger, Rowbotham, Schutz, JA – T. Judge: Shynkar, PCJ:
Law Updates Tags: Appeal, Credibility, Demanour, Overemphasis
Appeal from aggravated assault conviction. Complainant provided two KGB statements. In the first statement she alleged that the accused assaulted her. In the second statement, she recanted. The recantation was repeated in her trial evidence. Trial judge convicted on the basis of the first KGB statement, largely based upon his “opportunity to observe the demeanour … Read More.
January 26th, 2017
R v Page, 2017 ABQB 33 per Renke, J:
Law Updates Tags: Accused's Evidence, Credibility, W(D)
Trial on multiple charges including possession of various controlled drugs for the purpose of trafficking. Drugs and paraphernalia found upon execution of a search warrant at accused’s residence. Accused testified to having a very unusual lifestyle, and maintained that the drugs were for personal use. Held: Acquitted of s. 5(2) CDSA, convicted of simple possession. … Read More.
January 5th, 2017
R v Chen, 2016 ABQB 644 per Michalyshyn. J:
Law Updates Tags: Credibility, Sexual Assault, Trial, W(D)
Sexual assault trial. Alleged assault occurred during an after grad party. Complainant was intoxicated, and testified that she said “no” multiple times. Accused testified that the sexual activity was consensual. Held: Acquitted. As per Ewanchuk, the Court is required to weigh all of the evidence at trial in determining the subjective state of mind of … Read More.
November 23rd, 2016
R v TR, 2016 ABCA 355 per Paperny, Rowbotham, Martin, JA – T. Judge: Kvill, PCJ:
Law Updates Tags: Appeal, Consent, Credibility, Sexual Assault
Appeal from conviction on sexual assault charge. Accused was 14, while the complainant was 15. The two young people had met, held hands and kissed. The incident ended with the complainant performing what she testified was forced fellatio after having said “no” a number of times. Accused testified that the fellatio was with consent. Held: … Read More.
November 16th, 2016
R v Frankovitch, 2016 ABCA 348 per Berger, Slatter, O’Ferrall, JA – T. Judge: LeReverend, PCJ:
Law Updates Tags: Credibility, Duty To Give Reasons, W(D) Test
Appeal from conviction on charge of harassment. Accused testified and denied the offence. Trial judge concluded as follows: “I do not accept the accused’s version … It does not cause me any doubt, and I’m satisfied that the Crown, through the complainant and Constable Howell, has proven beyond a reasonable doubt that the accused made … Read More.