Last blog added on Wednesday, May 20th, 2020

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  • R v CL, 2020 ONCA 258.

    W(D) INSTRUCTION – JJRD INSTRUCTION – JURY DIRECTIONKEY TAKEAWAY: a JJRD instruction has nothing to do with a W(D) direction, adds nothing to it and may even be misleading (Para 34).What is a W(D) instruction?A W(D) jury instruction is intended to explain the reasonable doubt standard in the context … Read more »

  • R v Adler, 2020 ONCA 246.

    S. 24(2) ANALYSIS – GRANT FACTORS – MULTIPLE CHARTER BREACHESBackgroundAt the CNE, a woman informed police she saw the appellant filming up the skirt of a young woman using a concealed camera. As police approached, the appellant appeared to swallow something. Upon arresting the appellant, the police … Read more »

  • R v Friesen, 2020 SCC 9.

    SENTENCING – SEXUAL OFFENCES AGAINST CHILDREN – STANDARD OF REVIEWStandard of Review The Supreme Court of Canada upheld the standard of review for sentencing judges as set out in Lacasse (2015 SCC 64):An appellate court can only intervene to vary a sentence if: (1) the sentence is demonstrably unfit … Read more »

  • R v Chung, 2020 SCC 8.

    ERRORS OF LAW – APPELLATE REVIEW – DANGEROUS DRIVINGKey FactsThe accused, Mr. Chung, drove his vehicle nearly 3x the speed limit towards a major intersection in Vancouver. He crashed into a left-turning vehicle, killing the driver. It was morning. It was not raining, but the road was damp. Traffic w … Read more »

  • R v KGK, 2020 SCC 7.

    DELAY – VERDICT DELIBERATION – S.11(B)MAJORITY – MOLDAVER JQuestion: Does section 11(b) apply to verdict deliberation time?Answer: Yes. Section 11(b) protections extend beyond trial up to and including the date a sentence is imposed. Verdict deliberation time, which clearly precedes the imposition o … Read more »