Credit to the team at Supreme Advocacy
Criminal Law: Homicide
Hafizi v. R., 2019 ONCA 2 (40250)
The Applicant went out with friends to an Ottawa nightclub in the Byward Market. While there, they clashed with a group of men. This led to an altercation. The Applicant was told to leave the nightclub. Sixteen minutes later, Mr. Niran from the other group left the nightclub alone. The Applicant opened the car door, ran towards Mr. Niran, and stabbed him multiple times. Mr. Niran died. After a trial by judge and jury, the Applicant was convicted of first degree murder. The Ont. C.A. dismissed the conviction appeal, but substituted a conviction for second degree murder. “The motion for an extension of time to serve and file the application for leave to appeal … is dismissed.”
Source: SCC Today: 6 Dismissed
Criminal Law: Sexual Assault
J.B. v. R., 2022 QCCA 469 (40227)
There is a publication ban in this case, in the context of sexual assault. “The application for leave to appeal…is dismissed.”
Source: SCC Today: 11 Leaves Dismissed
Criminal Law: Crown Discreditable Conduct Evidence
R. v. J.W., 2022 ONCA 306 (40258)
There is a publication ban in case, and a publication ban on the party, in the context of admission of Crown discreditable evidence in a sexual offences trial. “The application for leave to appeal…is dismissed.”
Source: SCC Today: 13 Leaves Dismissed
Criminal Law: Homicide; Fresh Evidence
Johnson v. R., 2017 NSCA 64 (40326)
There is a publication ban in this case, in the context of the admissibility of fresh evidence. “The motion for an extension of time to serve and file the application for leave to appeal is granted. The applicant’s request that the applicant’s case be remanded back to the Nova Scotia Court of Appeal pursuant to s. 43(1.1) of the Supreme Court Act is dismissed. The application for leave to appeal…is dismissed.”
Source: SCC Today: 13 Leaves Dismissed
Criminal Law: Gladue
Turner v. R., 2022 ABCA 11 (40323)
The Applicant is a member of the Gwich’in First Nation. He was convicted of assault with a weapon and uttering death threats and sentenced to six months imprisonment, concurrent on each count, followed by two years’ probation. How should sentencing courts account for forward-looking consideration in applying Gladue determine the appropriate sanctions for Indigenous persons? Leave to appeal sentence was granted and the sentence appeal dismissed. “The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal…is dismissed.”
Source: SCC Today: 7 Leaves Dismissed
Criminal Law: Homicide
Tutiven v. R., 2022 ONCA 97 (40318)
Mr. Prajapati, who was working as a gas station attendant, noticed Mr. Tutiven was driving away without paying. The video footage from the gas station showed Mr. Prajapati ran outside and ran towards Mr. Tutiven’s vehicle with his hands raised in a manner that suggested he was trying to attract his attention. Mr. Tutiven’s vehicle struck Mr. Prajapati and he was dragged under the vehicle. Mr. Prajapati died as a result of multiple blunt force injuries. Mr. Tutiven fled from the scene. After a trial by judge and jury, Mr. Tutiven was found guilty of second degree murder. The conviction appeal was dismissed. “The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal…is dismissed.”
Source: SCC Today: 7 Leaves Dismissed
Criminal Law: Sentencing; Parkinson’s
R. v. Salehi, 2022 BCCA 1 (40084)
The Respondent stabbed his former domestic partner, and her boyfriend. Both died. The Respondent pled guilty to two counts of second degree murder. The Respondent tendered evidence at his sentencing about his Parkinson’s disease. The Respondent was sentenced to life imprisonment without eligibility for parole for 20 years. At the B.C.C.A., the Respondent successfully applied to adduce fresh evidence of the progression of his Parkinson’s disease. The B.C.C.A. allowed the sentence appeal. The Respondent was sentenced to life imprisonment without eligibility for parole for 15 years. “The application for leave to appeal…is dismissed.”
Source: SCC Today: 7 Leaves Dismissed