HIV and Attempted murder, Common Sense Inferences in a Jury Charge, Aggravated Sexual Assault and the realistic possibility of transmission

Published On: Aug 24,2019

In Regina v. S.B., 2019 ONCA 652, the Court of Appeal considered the sufficiency of a trial jury’s instructions on, generally, the intersection between the transmission of HIV and any permissible inferences associated with the charge of attempted murder under the Criminal Code of Canada.    The accused was HIV positive.  The Crown’s
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A sentencing judge’s decision to “jump” and joint position between the defence and the Crown was overturned, in an Impaired Driving case, by the Court of Appeal when the sentencing court failed to follow the applicable principles on joint positions and vacating a guilty plea

Published On: Jul 04,2019

In Regina v. Espinoza-Ortega, 2019 ONCA 545, the Ontario Court of Appeal set aside the accused’s conviction and sentence for impaired driving causing bodily harm and related charges and ordered a new trial. The accused entered a guilty plea and presented a joint submission for a sentence of 45 days, three years’
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Self Defence could apply even if the accused strikes first.

Published On: Jun 29,2019

In Regina v. Fougere, 2019 ONCA 505, the Ontario Court of Appeal set aside a conviction and ordered a new trial for aggravated assault where the Crown erroneously told the jury that self-defence could not apply if the accused struck the complainant first.

The accused
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Court of Appeal strikes down an mandatory consecutive sentences as unconstitutional by the Quebec Court of Appeal for a Sentence of Sexual offences against children

Published On: Jun 18,2019

In Regina v. Martel, 2019 QCCQ 2883, the Cour du Québec held that s.718.3(7) of the Criminal Code violates the s.12 Charter right against cruel and unusual punishment. This provision requires that sentences be imposed consecutively where the accused is convicted of sexual offences against more than one child, or where the
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The Right to the Trial in French

Published On: Jun 12,2019

In a recent decision, the Supreme Court of Canada has held that an accused person has the right to have a trial in French.   In Bessette v. British Columbia (Attorney General), 2019 SCC 31, the Court held that while both the British Columbia Offence Act and the Motor Vehicle
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