June 13th, 2019

Search And Statements By Accused Allowed Into Evidence Despite Charter Violations – R v Downey, 2019 Calgary Queen’s Bench

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Accused arrested for kidnapping and forcible confinement of a child (later found dead), and murder of her mother. He made statements which Crown wanted to use in cross-examination if accused testified. Accused argued statement was not voluntary on the basis of oppression. He also applied for exclusion of items seized, photos, clothing and swabs, arguing … Read More.

June 1st, 2018

Intention To Counsel Offence Defined – R v Miller, 2018 Alberta Court Of Appeal

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Appeal from conviction for counselling offences of fraud and uttering a forged document. Issue of whether the requisite mens rea was proven at trial. Trial judge found that appellant tried to convince conspirators to “go along with the plan” of using a fake letter to gain an advantage in a lawsuit. Issue on appeal of … Read More.