June 6th, 2019

Sexual Assault Conviction Overturned Because Trial Judge Interferred With Cross-Examination – R v Q, 2019 Alberta Court Of Appeal

Firm Cases Tags: , ,

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 ordered. Schmaltz, 2015 ABCA 4 followed. “A review of the transcript of the cross-examination of the … Read More.

December 29th, 2017

R v Colling, 2017 Court Of Appeal (Calgary) – Judge’ Bias Allegation Dismissed

Law Updates Tags: , ,

Appeal from sexual assault conviction. Issue on appeal of whether numerous interventions by the trial judge resulted in an unfair trial or apprehension of bias. Trial judge’s interjections during testimony included taking “judicial notice of what is required to remove one’s pants” at a critical point in cross-examination of complainant regarding whether she had cooperated … Read More.