February 5th, 2016

R. v. Abdulle, 2016 ABCA 5 per Costigan, Martin, Wakeling, JA – Trial Judge: Day, PCJ:

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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.

July 17th, 2015

R. v. Clark, 2015 ABCA 160 per Cote, Watson, O’Ferrall, JA – Trial Judge: Bast, J

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Appeal from conviction on robbery charge following jury trial. Issue regarding trial judge’s jury instruction regarding defence counsel’s failure to comply with Browne v. Dunn. Held: Appeal dismissed. Trial judge instructed the jury that the lack of cross-examination “could affect the weight of the evidence of the accused to the contrary.” This was a fair … Read More.