September 14th, 2018
R v Griffin, 2018 Alberta Court Of Appeal – “Read Holistically” Conviction Verdict Did Not Show W(D) Error
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.
First degree murder trial. Main issue at trial was the identity of the person who shot the deceased. The accused did not testify, but denied being the shooter in a series of text messages to a friend. Crown’s case on identity was based largely on eyewitness evidence. Held: Acquittal. Following BD, 2011 ONCA 51, the … Read More.
April 30th, 2018
R v CJG, 2018 Alberta Court Of Appeal – Appeal Alleges Accused’s Testimony Held To Higher Scrutiny Than Complainant
Appeal from conviction for touching a minor for a sexual purpose. Appellant testified at trial and denied the offence; W(D) case. Argument on appeal that the trial judge applied a higher level of scrutiny to the appellant’s testimony than the complainant’s. Held: Appeal dismissed. Trial judges’ credibility assessments are given significant deference, and conclusions in … Read More.
January 29th, 2018
Appeal from conviction on multiple charges including assault causing bodily harm. Argument on appeal that the trial judge shifted the burden of proof by treating inconsistencies in complainant’s testimony more generously than inconsistencies in the appellant’s version of events. Held: Appeal dismissed. Appellant required to “point to something in the reasons of the trial judge … Read More.
December 8th, 2017
Conviction appeal on drugs and weapons offences. Vehicle stop. Drugs found in accused’s pocket. Accused testified on the voir dire. Credibility contest between accused and police, as police testified that the drugs were revealed in plain view as the accused pulled his hand out of his pocket. Held: Appeal dismissed. Trial judge rejected the accused’s … Read More.
October 19th, 2017
Accused charged with offences including sexual assault. Accused gave statement to police that was both exculpatory and inculpatory. Statement entered by Crown. Accused did not testify. Issue as to whether W(D) standard applied to accused’s statement. Held: Convicted. W(D) standard applied. Statement did not raise a reasonable doubt. Entirety of accused’s statement must be weighed, … Read More.
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 18th, 2017
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.
July 20th, 2017
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.
June 16th, 2017
Trial on charges of sexual assault and sexual touching. Accused did not testify at trial. However, accused provided two statements to police that were partially both inculpatory and exculpatory. Held: Acquitted. W(D) analysis employed to weigh accused’s statement to police. Accused’s version to police “evolved over time” and contained some inconsistency. On the first limb … Read More.