R. v. A.A.-S., (2016) 350 O.A.C. 369 (CA)
| Judge | Cronk, Juriansz and Watt, JJ.A. |
| Court | Court of Appeal (Ontario) |
| Case Date | August 08, 2016 |
| Jurisdiction | Ontario |
| Citations | (2016), 350 O.A.C. 369 (CA);2016 ONCA 614 |
R. v. A.A.-S. (2016), 350 O.A.C. 369 (CA)
MLB headnote and full text
Temp. Cite: [2016] O.A.C. TBEd. AU.005
Her Majesty the Queen (respondent) v. A.A.-S. (appellant)
(C48742; 2016 ONCA 614)
Indexed As: R. v. A.A.-S.
Ontario Court of Appeal
Cronk, Juriansz and Watt, JJ.A.
August 8, 2016.
Summary:
The 19 year old accused, his 17 year old high school friend, and the friend's brother, allegedly murdered a taxicab driver in the back seat of his cab. The accused was tried by judge and jury. The central issues at trial were whether the accused had participated in planning the attack on the victim and encouraged and assisted his friend's brother in confining and killing the victim. The accused was convicted of first degree murder and sentenced to life imprisonment with no parole eligibility for 25 years. The accused appealed raising an issue as to ineffective assistance of trial counsel. He also raised three substantive grounds relating to: 1. Whether the trial judge erred by instructing the jury that the accused's statements to police were admissible for impeachment purposes but not for substantive use for the truth of their contents; 2. The propriety of Crown counsel's cross-examination of the accused; and 3. Whether the trial judge's instruction on post-offence conduct improperly left it open for the jury to conclude that the post-offence conduct evidence was probative of the accused's culpability for first or second degree murder when it was equally consistent with culpability for manslaughter.
The Ontario Court of Appeal dismissed the appeal.
Editor's Note: Certain names in the following case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by law, publication ban, Maritime Law Book's editorial policy or otherwise.
Civil Rights - Topic 3158
Trials - Due process, fundamental justice and fair hearings - Criminal and quasi-criminal proceedings - Right to effective assistance by counsel - See paragraphs 63 to 109.
Civil Rights - Topic 4620.1
Right to counsel - Right to effective assistance by counsel - See paragraphs 63 to 109.
Criminal Law - Topic 4349.1
Procedure - Jury - Evidence - Out-of-court statements - See paragraphs 28 to 40.
Criminal Law - Topic 4399.9
Procedure - Charge or directions - Jury or judge alone - Directions re flight and other post-offence behaviour of accused - See paragraphs 47 to 62.
Criminal Law - Topic 4964
Appeals - Indictable offences - New trials - Grounds - Competence of counsel - See paragraphs 63 to 109.
Criminal Law - Topic 5434
Evidence and witnesses - Cross-examination of accused - Improper questions - What constitute - See paragraphs 41 to 46.
Counsel:
Richard Posner and Lance Beechener, for the appellant;
Alison Wheeler and Alexander Alvaro, for the respondent.
This appeal was heard on May 4 and 5, 2016, before Cronk, Juriansz and Watt, JJ.A., of the Ontario Court of Appeal. The following decision was delivered for the court by Juriansz, J.A., on August 8, 2016.
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Court Of Appeal Summaries (August 8 12, 2016)
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...Accused Person's Statement : [48] The statement provided by TP to Constable Lavoie was tendered by the Crown. In R. v. Al-Shammari , 2016 ONCA 614, the Ontario Court of Appeal indicated that "statements that are made by an accused to a person in authority and tendered by the Crown......
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R. v. Fiorilli,
...see e.g., Joanisse, at p. 64; Prebtani, at para. 4; R. v. R.S., 2016 ONCA 655, 341 C.C.C. (3d) 530, at para. 44; R. v. Al-Shammari, 2016 ONCA 614, 350 O.A.C. 369, at para. 75. In Joanisse, at p. 75, Doherty J.A. described a “reasonable probability” as “more than a mere ......
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R. v. Gondara, 2020 BCSC 865
...denial of effective assistance of counsel may undermine the reliability of the verdict, or the fairness of the trial: R. v. Al-Shammari, 2016 ONCA 614 at para. 75. [31] There are two constituent legal elements to a claim of ineffective assistance of counsel, namely the performance component......
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R. v. T.P., 2016 NLPC 1315
...Accused Person's Statement : [48] The statement provided by TP to Constable Lavoie was tendered by the Crown. In R. v. Al-Shammari , 2016 ONCA 614, the Ontario Court of Appeal indicated that "statements that are made by an accused to a person in authority and tendered by the Crown......
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R. v. Fiorilli,
...see e.g., Joanisse, at p. 64; Prebtani, at para. 4; R. v. R.S., 2016 ONCA 655, 341 C.C.C. (3d) 530, at para. 44; R. v. Al-Shammari, 2016 ONCA 614, 350 O.A.C. 369, at para. 75. In Joanisse, at p. 75, Doherty J.A. described a “reasonable probability” as “more than a mere ......
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R. v. Gondara, 2020 BCSC 865
...denial of effective assistance of counsel may undermine the reliability of the verdict, or the fairness of the trial: R. v. Al-Shammari, 2016 ONCA 614 at para. 75. [31] There are two constituent legal elements to a claim of ineffective assistance of counsel, namely the performance component......
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R. v. Al-Shammari,
...ineligibility period. In 2016, the Court of Appeal for Ontario dismissed his appeal against conviction: see R. v. Al-Shammari, 2016 ONCA 614, 350 O.A.C. 369. Having now served more than 15 years of his sentence, the applicant seeks a review of his parole ineligibility peri......
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