September 20th, 2019

Sex Assault Conviction Appeal Fails – Defence Of Mistaken Belief In Consent Not Made Out – R v Achuil, 2019 Alberta Court Of Appeal

Law Updates Tags: , ,

Appellant convicted of sexual assault after trial appealed, arguing that the trial judge misapplied the test in W(D) and that defence of mistaken belief in consent should have been available. Held: Appeal dismissed. Court found the trial judge did not misapply W(D) and the conviction should stand. The majority reconsidered Ryon [2019 ABCA 36] on … Read More.

June 6th, 2019

Sexual Assault Conviction Overturned Because Trial Judge Interferred With Cross-Examination – R v Q, 2019 Alberta Court Of Appeal

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Defence appeal from conviction at trial of sexual assault. Issue on appeal of whether the trial judge’s numerous interjections during cross-examination of the complainant impeded the accused’s right to make full answer and defence. Held: Appeal allowed; new trial ordered. Schmaltz, 2015 ABCA 4 followed. “A review of the transcript of the cross-examination of the … Read More.

September 14th, 2018

“Read Holistically” Conviction Verdict Did Not Show W(D) Error – R v Griffin, 2018 Alberta Court Of Appeal

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Appeal by accused from conviction for sexual assault of his step-children. At trial, the accused testified and denied that the incidents occurred. Issue on appeal of whether the trial judge erred in his assessment of the accused’s and complainant’s evidence, and his application of the W(D) analysis. Held: Appeal dismissed. “After carefully considering the appellant’s … Read More.

March 19th, 2018

Gang sexual assault acquittal – R. v C. 2018 Hay River Supreme Court N.W.T.

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Accused charged with “gang” sexual assault. Allegation that client and co-accused both sexually assaulted complainant at a party. Complainant and witness both testified to assault, client and co-accused testified to consensual sexual activity. Held: While accused’s testimony was disbelieved by the trial judge, the Court could not be satisfied beyond a reasonable doubt that an offence had … Read More.

July 19th, 2017

R. v. L. 2017 Ft. McMurray Court of Queen’s Bench

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Client charged with sexual assault offences in relation to 6 year old girl. Client was a boarder in the home of the girl’s family. An election was made to have a trial in the Court of Queen’s Bench with a preliminary inquiry being held in provincial court to test the evidence of the Crown witnesses. Witnesses … Read More.

June 30th, 2017

R. v. H. 2017, Ft. McMurray Provincial Court

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  Accused was charged with sexual assault. Complainant testified at the preliminary inquiry that she was drinking outside of the accused’s house. She wanted a place to “pass out” and so she went into the client’s bedroom. In her police statement she said that she fell asleep and the woke up with accused on top of her … Read More.

February 24th, 2017

R. v. H., 2016 Ft. McMurray Court of Queen’s Bench

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Client found not guilty of sexual assault and assault after trial by a judge alone. Complainant and accused had been in an on/off relationship. Complainant stated she went to the accused’s house to pick up some of her belongings. She claimed that when she was in the bedroom the accused grabbed her, threw her on … Read More.

November 7th, 2016

R. v. S.V. Edmonton Queen’s Bench

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Client was charged with assault and sexual assault and violating probation conditions. Realistic risk upon conviction would be two to three years in jail.  Client met the complainant at a bar, and within one week he was residing with her.  After one month, the complainant alleged that the client had become very controlling and would demand … Read More.

November 1st, 2016

R. v. P.A. 2016 Edmonton Provincial Court

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Client charged with unlawful confinement, sexual assault, and assault causing bodily harm. On the date of the incident a woman ran naked from his residence, encountered a woman across the street and alleged she had been confined, assaulted, and sexually assaulted.  The woman called 911 advising of the allegations.  Police attended and spoke to the … Read More.

April 6th, 2016

R. v. S. R. 2016 Fort McMurray Queen’s Bench

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Judge and Jury trial on count of sexual assault. Complainant alleged that the client, her friend and acquaintance came to her home to drop off some Christmas presents to take back home to family.  While there he sexually assaulted her by having vaginal intercourse and then returned to his girlfriend who had been waiting in … Read More.