December 8th, 2017

Accused Acquitted, Complainant Unreliable Witness – R v. D, 2017 Edmonton Court of Queen’s Bench

Firm Cases Tags: , ,

Accused charged with sexual assault, assault, and uttering threats. Allegation that accused forced sexual intercourse on  spouse, and then assaulted and threatened the spouse the following morning. Held: Acquitted. Accused found to be a credible witness while complainant was found to be unreliable, admittedly dishonest, and had a motive to fabricate the allegations. Court left with … Read More.

September 23rd, 2015

R. v. G.W. 2015 Edmonton Provincial Court

Firm Cases Tags: , ,

Client entered guilty pleas to domestic assault and breach of a recognizance for continuing contact with the complainant. Exceptional circumstances were argued in support of an application for a conditional discharge. In this case, it was the accused who contacted police because he was surprised and afraid of what he had just done to his … Read More.

June 8th, 2017

R v DSL, 2017 Alberta Court of Appeal per Fraser, McDonald, Crighton, JA – T. Judge: Miller, J

Law Updates Tags: ,

Conviction appeal on charges of assault and sexual assault. Jury trial. Accused and complainant were husband and wife. Defence raised credibility concerns regarding the complainant’s testimony. Argument on appeal was that the jury ought to have been given a Vetrovec warning. Held: Appeal dismissed. “A Vetrovec warning is usually appropriate in cases dealing with ‘unsavory’ … Read More.

April 13th, 2017

R v Van Loon, 2017 ABPC 43 per Pharo, PCJ:

Law Updates Tags: , ,

Domestic assault trial. Issue as to whether the doctrine of de minimus applies to domestic conflicts. Two of the three allegations involved the accused brushing past his wife, or moving her to the side, as he walked through doorways. The third incident involved the accused holding the complainant down. Held: Conviction entered. Although domestic assault … Read More.