R v. Mott – 2013 ONSC 1768 (Gauthier): [33] Further, I would emphasize that in Smith, Dambrot J. points out at paragraph 35 that several other judges and authors have concluded that a new bail hearing is required when an accused has been rendered by a surety and committed to prison. [34] The court, in Smith, further points out, at Read more...
R v. GC, 2013 ONSC 2904 (B. O’Marra): [7] The matter is in the discretion of the trial judge “to be determined in the interest of a fair trial and court security”. R. v. Lalonde (1999) 1999 CanLII 2388 (ON CA), 138 C.C.C. (3d) 441 (O.C.A.) at para. 19. [8] The discretion of the court is not overridden by the Read more...
R v Stubbs, 2013 ONCA 514 (Watt): [54] First, as a general (but not unyielding) rule, evidence of misconduct beyond that charged in an indictment, which does no more than portray an accused as a person of (general) bad character, is inadmissible: R. v. Handy, 2002 SCC 56, [2002] 2 S.C.R. 908, at paras. 31 and 36; R. v. Moo, Read more...
R v Dayes – 2013 ONCA 614 (LaForme): [29] I would reject the appellant’s submission because, in my view, it was open to the Crown to cross-examine T.M. under s. 9(2) of the CEA about why his testimony at the trial was inconsistent with his testimony at S.R.’s trial. Such questioning relates to the inconsistent statement and is therefore within Read more...
R v Harvey – 2014 BCSC 1692 (Humpheries): [16] In the normal course, where the accused raises NCRMD, the court will be required to consider whether the Crown has proven the actus reus beyond a reasonable doubt. If it has, the court considers whether it has been established, on a balance of probabilities by the party that raised the issue, Read more...