Weekly criminal law update – March 28, 2022

To subscribe to the mailing list. On a defence appeal, Crown asks ONCA to depart from binding precedent in Jordan, and to find that a stay of proceedings is not the only remedy available for a Jordan (excessive delay) breach. This was not dealt with at trial, and is thus a new argument that the …

Weekly criminal law update – March 22, 2022

Wow! An acquittal on a SA trial in R v Harnett, 2022 ABQB 213 following a 6-day trial. The 42-page decision outlines the allegations in detail and notes significant inconsistencies and discrepancies with the complainant’s narrative, as well as text and other post-incident contact casting doubt on her narrative. The trial followed a 37-page decision …

Weekly criminal law update – March 13, 2022

An ONCA majority overturns a conviction for first-degree murder for both appellants, due to trial judge not giving jury the options of a conviction for second-degree murder or manslaughter. This despite trial defence counsel agreeing with the charge that only first degree murder was appropriate (see paras. 47-48). Dissenting opinion by MacPherson JA, agreeing with …

Weekly criminal law update – March 6, 2022

I’m hopeful of doing a weekly criminal law roundup or update. I may set this up as an email, too, through Mailchimp. Nice language re “myths” at para. 44 of solid acquittal: “Surely, if evidence that the complainant ran from the scene in a distraught state can be used to corroborate her story, evidence that …