January 16th, 2019

Re-Election As To Mode Of Trial After Direct Indictment Available Without Crown Consent – R. v. Conway-McDowall, 2019 Edmonton Queen’s Bench

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Accused was charged with sexual assault and interference. Crown preferred a direct indictment, which resulted in a deemed jury election under s. 565(1) CC. Later, accused served notice of re-election to judge alone. Crown argued re-election was not possible as s. 561(2) CC applied; thus defence could only re-elect as of right at least 14 … Read More.

August 28th, 2018

Video Testimony Permitted For Vulnerable Sexual Assault Complainant – R v Ozorka, 2018 Edmonton Provincial Court

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Crown application under s. 714.1 CC for the complainant in sexual assault trial to testify by video link from Ontario. Complainant suffered from post-traumatic stress disorder, and previous trial date had been adjourned due to her mental breakdown and inability to testify. Held: Application granted. SDL, 2017 NSCA 58 set out several principles to guide … Read More.

Severance Of Counts Permitted For Sexual Assault Due To Trial Prejudice – R v Tinco Zambrano, 2018 Calgary Queen’s Bench

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Accused charged with two counts of sexual assault in relation to two different complainants. Both alleged incidents occurred in the course of the accused’s employment as a massage therapist, but the degree of physical contact differed significantly. Application by accused for severance of the counts. Current election of judge and jury. Held: Severance application allowed. … Read More.

November 16th, 2017

R v RGB, 2017 Court Of Appeal (Edmonton) – Joint Sentence Range

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Defence appeal of sentence after guilty plea to assault causing bodily harm. Appellant hit his infant daughter while intoxicated, causing bruising and scratching. Trial judge imposed 2 years less a day plus 2 years probation.  Crown had only sought 18 months incarceration and defence had proposed 6-9 months. No notice to counsel of intention to … Read More.

March 2nd, 2017

R v Foster, 2017 ABCA 66 per Fraser, Watson, Greckol, JA – T. Judge: Kenny, J:

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Accused convicted of various assault and weapons offences. Non-custodial sentences imposed. Judge agreed with defence counsel during the sentencing that the accused’s actions were out of character, and that perhaps the accused’s drink had been spiked. Held: Appeal allowed. Sentence of 2 years less one day jail plus probation imposed. Proper procedure set out in … Read More.