June 6th, 2019
Sexual Assault Conviction Overturned Because Trial Judge Interferred With Cross-Examination – R v Q, 2019 Alberta Court Of Appeal
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.
July 3rd, 2015
Client convicted of assault at trial by detaining a young women due to a dispute over payment of the fare. He grabbed her backpack as she tried to walk away, she struck at him and then he struck her. Sentenced to jail. Our firm retained to appeal the conviction and sentence. Client released on bail … Read More.
July 3rd, 2014
Appeal allowed on convictions for unlawful confinement, assault causing and uttering threats – all convictions quashed and new trial ordered. Trial judge’s reasons found to have not disclosed an analysis of the issues in keeping with the presumption of innocence and the burden of proof.
February 5th, 2016
Appeal from armed robbery conviction. Trial judge found breaches of the rule in Browne v Dunn, and thereby afforded less weight to the accused’s evidence. Held: Appeal allowed, new trial. Trial judge found that the matters not cross-examined on were insignificant. However, the judge went on to apply the rule. “The trial judge appears to … Read More.