January 16th, 2019
R. v. Conway-McDowall, 2019 Edmonton Queen’s Bench – Re-Election As To Mode Of Trial After Direct Indictment Available Without Crown Consent
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
R v Ozorka, 2018 Edmonton Provincial Court – Video Testimony Permitted For Vulnerable Sexual Assault Complainant
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.
R v Tinco Zambrano, 2018 Calgary Queen’s Bench – Severance Of Counts Permitted For Sexual Assault Due To Trial Prejudice
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
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
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.