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.