|
Docet Number |
offence |
issue |
result |
|
|
|
|
|
|
|
|
|
|
|
C42765 |
possession of counterfeit money |
Charter of Rights and Freedoms: Right to be free from unreasonable search and seizure |
|
|
C43462 |
manslaughter |
sentence |
|
|
C39132 |
failing to provide the necessaries of life |
was adult son responsible under the criminal law for his elderly parent;sentence |
SCC leave refused |
|
C42487 |
arson |
assessment of expert evidence; finding of exclusive opportunity; sentence |
|
|
C41594 |
dangerous driving, drive while disqualified,
failing to remain at scene of accident |
the use of demonstration video; identity; sentence |
|
|
C42507 |
aggravated assault |
self-defence |
|
|
C39074 |
sexual assault |
assessment of evidence; credibility |
|
|
C42121 |
Assault with weapon, failing to provide the necessaries of life, forcible confinement |
sentence |
|
|
C41195 & C41299 |
impaired driving causing bodily harm |
circumstantial evidence of identity; sentence |
|
|
C37305 & C37536 |
arson |
trial fairness to unrepresented accused; conditional sentence |
|
|
C39201 |
|
|
|
|
C38614 |
incest |
conditional sentence |
|
|
C37456 |
utter threat; possess weapon for dangerous purpose |
sufficiency of evidence |
|
|
C35558 |
sexual assault |
ineffective assistance of trial counsel; assessment of credibility |
|
|
C35327 & C36241 |
aggravated assault |
provocation; self defence |
|
|
C33474 |
operating a gaming house |
constitutionality of offence; aboriginal rights |
|
|
C32758 & C32646 |
attempt murder; aggravated assault;
unlawful use of firearm |
instructions to jury; propriety of Crown’s closing address |
|
|
C29625 & C31921 |
sexual interference |
jury instruction on prior inconsistent statements |
|
|
C34328 |
|
young offender sentencing; conditional and absolute discharges |
|
|
C33720 |
break, enter and uttering threats; mischief; uttering threats; criminal harassment; failing to attend court |
sentence |
leave to appeal to SCC denied |
|
C32967 |
perjury |
sufficiency of evidence; sentence |
|
|
C31459 |
sexual assault |
jury instruction on collaboration, inconsistent statements, position of trust |
|
|
C32050 |
impaired care and control of motor vehicle |
elements of care and control |
|
|
C31027 |
Attempt murder |
intent to kill; jury instructions |
|
|
C32048 & C31976 |
sexual assault |
sentencing; young offender |
|
|
C27253 |
endangering the morals of a child |
constitutionality of the offence; Charter of Rights and Freedoms: Freedom of Association, Freedom of Expression, Right to Liberty; definition or “morals”; sentence |
|
|
C28669 |
|
jury instructions; sentence |
|
|
C30727 |
arson |
|
|
|
C24168 |
|
affect of joint submissions on sentence; appropriateness of conditional discharge |
|
|
MacKay SCC /
|
aggravated assault |
definition of assault; whether, on successful crown appeal against acquittal, scope of new trial can be limited |
|
|
Clarke |
assault with weapon |
circumstantial evidence of intent; self-defence |
Leave to appeal to SCC refused |
|
Katwaru (in OCA database) |
manslaughter |
jury instructions; circumstantial evidence in baby-shaking death |
|
|
Aleksandrowicz |
break and enter with intent to commit indictable offence; assault with weapon; sexual assault with weapon; utter death threats |
|
Leave to appeal to SCC was denied |
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