February 18th, 2016

R. v. J.B. 2016 Fort McMurray Provincial Court

Firm Cases Tags: , ,

Application for a mistrial in a sexual assault case in which it was alleged incompetence of the original defence counsel at trial in failing to give notice or call an alibi witness resulted in prejudice to client and an unfair trial. Written materials filed on application.  Held: Crown ultimately consenting to the mistrial application and new … Read More.

March 12th, 2018

R v Flynn, 2018 Alberta Court Of Appeal – Misapprehension Of Evidence Results In New Trial

Law Updates Tags: , , ,

Appellant appealed conviction for convenience store robbery. Issue at trial of whether identification evidence was sufficient to convict appellant. In finding that it was, the trial judge misapprehended evidence of an important witness. Crown conceded that verdict of guilt could not stand in those circumstances. Defence sought an acquittal rather than a new trial, arguing … Read More.

August 4th, 2017

R v ARD, 2017 Court Of Appeal (Edmonton) 237 per Paperny, Slatter, Schutz, JA – T. Judge: Clackson, J:

Law Updates Tags: , ,

Crown appeal from acquittal on sexual assault charge. Complainant was between the ages of 11 and 16 at the time of the alleged offences. Regarding credibility, the trial judge stated (in part): “[a]s a matter of logic and common sense, one would expect that a victim of sexual abuse would demonstrate behaviours consistent with that … Read More.