R. v. Brunet (T.J.), (2012) 533 A.R. 83

Court:Court of Appeal (Alberta)
Case Date:June 13, 2012
Jurisdiction:Alberta
Citations:(2012), 533 A.R. 83;2012 ABCA 182
 
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R. v. Brunet (T.J.) (2012), 533 A.R. 83; 557 W.A.C. 83 (CA)

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Temp. Cite: [2012] A.R. TBEd. JN.071

Her Majesty the Queen (respondent) v. Travis Jordan Brunet (appellant)

(1001-0256-A; 2012 ABCA 182)

Indexed As: R. v. Brunet (T.J.)

Alberta Court of Appeal

Paperny and Slatter, JJ.A., and Macleod, J.(ad hoc)

June 13, 2012.

Summary:

The accused appealed his conviction for murder, arguing bias by the trial judge.

The Alberta Court of Appeal dismissed the appeal.

Criminal Law - Topic 4867

Appeals - Indictable offences - Grounds of appeal - Bias - The accused was charged with murder - The only issue at the trial was whether the homicide was manslaughter or murder - The trial judge convicted the accused of murder - The accused appealed, arguing bias by the trial judge - The accused relied on comments made by the trial judge during counsel's argument and opening comments made in his reasons for decision - The Alberta Court of Appeal dismissed the appeal - Trial judges were not required to refrain from expressing preliminary opinions on the evidence or the law during argument - They were entitled to engage in a full and open ended discussion with counsel during argument, in order to ensure that all avenues of analysis were covered - Respecting the opening comments of his reasons for decision, there was a four day adjournment between when the trial evidence and submissions ended and the trial judge read his reasons - The trial judge decided on the final verdict and formulated his reasons for that verdict - There was no prejudging, because by the time the trial judge made his opening comments, he had already decided on the verdict and his reasons.

Cases Noticed:

R. v. Baccari (A.P.) (2011), 510 A.R. 301; 527 W.A.C. 301; 2011 ABCA 205, refd to. [para. 3].

R. v. Johnson (J.R.) (2010), 493 A.R. 74; 502 W.A.C. 74; 2010 ABCA 392, refd to. [para. 3].

Counsel:

C.E. Rideout, for the respondent;

D.J. Song, for the appellant.

This appeal was heard on June 13, 2012, before Paperny and Slatter, JJ.A., and Macleod, J.(ad hoc), of the Alberta Court of Appeal. Slatter, J.A., delivered the following memorandum of judgment for the court from the bench on that date and filed it on June 13, 2012.

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