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CRIMINAL CODE OFFENCES - Offences against person and reputation - Aggravated assault

Thursday, February 06, 2020 @ 7:07 AM  

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Appeal by LCJ from his conviction, by jury, for aggravated assault and the dismissal of his application for a stay under s. 11(b) of the Canadian Charter of Rights and Freedoms (Charter). The appellant’s wife testified that after an argument, the appellant approached her from behind and stabbed her multiple times. The appellant testified that his wife attacked him with the knife and she was inadvertently stabbed during the ensuing struggle. Police found the wife lying on her back in the bedroom with a belt around her neck. She was covered in blood, had been stabbed in the chest, and had cuts to her cheek and neck. The trial judge did not permit appellant’s counsel to re-examine him on why he did not check on his wife for two days. The total time from charge to verdict was 27 months and four days.

HELD: Appeal dismissed. The case management judge’s finding that 27 months was not a marked departure from expectations was clearly reasonable in this transitional case. The agreed statement of facts and transcripts showed no misapprehension of evidence or factual error on any point that went to the core of the result on the s. 11(b) application. The questions the appellant’s counsel sought to ask in re-examination would not have clarified or explained the appellant’s earlier answers. The trial judge did not err in describing the defence theory that the wife was inadvertently stabbed when she fell on the bed as speculation for air of reality purposes. It was not reasonably capable of supporting any inference relevant to self-defence.

R. v. L.C.J., [2019] A.J. No. 1670, Alberta Court of Appeal, F.L. Schutz, J. Antonio and K.P. Feehan JJ.A., December 10, 2019. Digest No. TLD-February32020007