July 15th, 2015

R. v. C.M., 2015 Fort McMurray Court of Queen’s Bench

Firm Cases Tags: ,

Client accused of 2 sexual assaults with respect to one complainant. A preliminary inquiry was held where inconsistences between the complainant’s version of events and video evidence were highlighted. RESULT: Prior to trial the prosecutor determined there was no reasonable likelihood of conviction and withdrew all charges.

July 3rd, 2014

R. v. B.W. 2014 Edmonton Court of Queen’s Bench

Firm Cases Tags: , ,

Client accused of sexual assault. Alleged to have assaulted an ex-girlfriend while she was passed out at a party. Defence of consent was advanced. Held: Acquittal. Complainant’s version of events found to be unlikely. Accused was believed, and defence called further evidence showing motive on the part of the complainant to fabricate.

April 30th, 2018

R v LL, 2018 High Prairie Provincial Court – Consent Not Available For Sexual Assault In Course Of Consensual Fight

Law Updates Tags: , ,

Trial on charges of sexual assault and assault causing bodily harm. Domestic relationship. Allegation that in course of a physical altercation, accused grabbed the complainant’s vagina and squeezed it forcefully. Issue of whether the facts established a sexual assault in the absence of accused having sexual intentions. Held: Conviction entered. In course of the argument, … Read More.

January 29th, 2018

R v Quartey, 2018 ABCA – Sexual Assault Stereotypes Not Applied In Rejecting Accused’s Evidence

Law Updates Tags: , ,

Appeal from sexual assault conviction. W(D) case with sole issue being consent. Trial judge found the appellant’s assertions that he was not interested in sex, wanted to avoid sexual contact, and refused the complainant’s attempts to fellate him to be “unbelievable”.  Issue on appeal of whether trial judge erred by applying stereotypical myths in rejecting … Read More.

January 15th, 2018

R v Sitko, 2017 Alberta Court Of Appeal – 18 Month Sexual Assault Sentence Upped To 2 years

Law Updates Tags: , ,

Crown appeal from sentence of 18 months’ jail plus 18 months’ probation for accused convicted of sexual assault. Positive PSR and letters of support. Mitigating factors included remorse and better-than-average character. Held: Appeal allowed; sentence increased to 2 years less a day. Sentencing judge did not err in his treatment of mitigating factors: his reference … Read More.

October 19th, 2017

R v Wortman, 2017 Calgary Provincial Court – Sexual Assault

Law Updates Tags: , ,

Sexual assault trial. Accused testified, but his evidence did not give rise to a reasonable doubt. However, the Court had concerns about the reliability / credibility of the complainant’s evidence given his “admission of memory issues and perception problems as a consequence of his addiction to methamphetamine”. Held: Acquitted. “It is essential that the rights … Read More.

August 28th, 2017

R v PL, 2017 Calgary Provincial Court per Shaw, PCJ:

Law Updates Tags: , ,

Young person convicted following trial of sexual assault. Gang rape. Accused held down and fondled the victim as she was sexually assaulted by two other individuals. Held: 12 months custody (8 months secure and months community supervision), followed by 12 months probation. Accused diagnosed with conduct disorder. As per Arcand, 2010 ABCA 363, intrinsic to … Read More.

August 18th, 2017

R v AGW, 2017 Court Of Appeal (Calgary) per Berger, Martin, Strekaf, JA – T Judge: Langston, J:

Law Updates Tags: , ,

  Appeal from sexual assault conviction. W(D) case. Alleged sexual assault at knifepoint. Complainant’s damaged bra and other cut clothing was entered at trial. In accepting the complainant’s account, trial judge relied (in part) upon “this supporting evidence”. Held: Appeal dismissed. Trial judge did not err in rejecting the accused’s evidence. “He was satisfied that … Read More.

August 4th, 2017

R v ARD, 2017 Court Of Appeal (Edmonton) 237 per Paperny, Slatter, Schutz, JA – T. Judge: Clackson, J:

Law Updates Tags: , ,

Crown appeal from acquittal on sexual assault charge. Complainant was between the ages of 11 and 16 at the time of the alleged offences. Regarding credibility, the trial judge stated (in part): “[a]s a matter of logic and common sense, one would expect that a victim of sexual abuse would demonstrate behaviours consistent with that … Read More.

July 20th, 2017

R v Greenley, 2017 Edmonton Provincial Court per Allen, PCJ:

Law Updates Tags: , ,

Sexual assault trial. Alleged breast squeeze of a 14 year old complainant with “mental challenges” in a public place. Accused testified and denied the offence. W(D) case. Held: Convicted. Accused’s denial must be assessed within the context of the evidence as a whole. “There have been circumstances where the accused had proffered a plausible denial … Read More.