Keeping Up Is Hard to Do:
A Trial Judge’s Reading Blog
CHARTER-SECTIONS 8, 9 & 24(2)-POWER OF ARREST-THE GOOD SAMARITAN DRUG OVERDOSE ACT
R. v. WILSON, 2023 SKCA 106, SEPTEMBER 8, 2023. FACTS: The accused was arrested and searched. Drugs and a firearm was located. The circumstances involved were descried by the Saskatchewan
FABRICATION AS CIRCUMSTANTIAL EVIDENCE OF GUILT
R. v. U.K., 2023 ONCA 587, September 11, 2023, at paragraphs 70 to 72, and 77 and 78: A statement or evidence by an accused person found to have been
OFFENCES-SEXUAL ASSAULT-CAPACITY TO CONSENT
R. v. OWSTON, 2023 SKCA 101, AUGUST 31, 2023. FACTS: The accused was convicted of the offence of sexual assault. He appealed from conviction. The Saskatchewan Court of Appeal indicated
OFFENCES-UTTERING A THREAT
R. v. CHURCHILL, 2023 NLCA 26, SEPTEMBER 1, 2023. FACTS: The accused was convicted of the offence of uttering a threat, contrary to section 264.1 of the Criminal Code. The
SENTENCE-DRIVING PROHIBITIONS-CREDIT FOR ADMINISTRATE LICENCE SUSPENSION
R. v. JANES, 2023 NLPC 102A00372, AUGUST 25, 2023. FACTS: The accused pleaded guilty to the offence of failing to comply with a demand made by a peace officer that
SENTENCING-DRIVING WHILE DISQUALIFIED-SECTION 320.18(1) OF THE CRIMINAL CODE
R. v. SIMEUNOVICH, 2023 ONCA 562, AUGUST 28, 2023. FACTS: The accused pleaded guilty to five counts of driving while disqualified, contrary to s. 320.18(1) of the Criminal Code. The
PRIOR CONSISTENT STATEMENTS AND SECTION 715.1 OF THE CRIMINAL CODE
R. v. SAS, 2023 ABCA 236, AUGUST 24, 2023. FACTS: The accused was convicted of the offence of sexual assault. On appeal, the accused argued that the trial judge erred
EVIDENCE OFPRIOR SEXUAL ACTIVITY-SECTION 276 CRIMINAL CODE-NECESSITY OF HOLDING A VOIR DIRE
R. v. KINAMORE, 2023 BCCA 337, AUGUST 22, 2023. Facts: The accused was charged with the offence of sexual assault. At his trial the Crown led evidence of text messages