R. v. Hamzehali, 2017 BCCA 290

JurisdictionBritish Columbia
JudgeFenlon,Bennett,Saunders
Subject MatterCRIMINAL LAW
Citation2017 BCCA 290
Docket NumberCA43418
CourtCourt of Appeal (British Columbia)
Date02 August 2017
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22 practice notes
  • R. v. Neidig, 2018 BCCA 485
    • Canada
    • Court of Appeal (British Columbia)
    • December 28, 2018
    ...and, if so, whether he has satisfied the burden on him of establishing the trial was unfair: See Aulakh at paras. 81–82; R. v. Hamzehali, 2017 BCCA 290 at para. 39, 350 C.C.C. (3d) [75] The Crown submits Mr. Neidig is neither a credible nor reliable affiant. It submits his evidence cannot w......
  • R. v. Atzenberger, 2018 BCCA 296
    • Canada
    • Court of Appeal (British Columbia)
    • July 27, 2018
    ...on the ground of no prejudice having occurred, that is the course to follow (Strickland, supra, at p. 697). [65] In R. v. Hamzehali, 2017 BCCA 290 at para. 41, this Court quoted R. v. Dunbar, Pollard, Leiding and Kravit, 2003 BCCA 667 at paras. 24–25 for the application of those [24] The ap......
  • R. v. Mehl,
    • Canada
    • Court of Appeal (British Columbia)
    • June 30, 2021
    ...the miscarriage of justice claim underlying both grounds of appeal: R. v. Aulakh, 2012 BCCA 340 at paras. 56–68; R. v. Hamzehali, 2017 BCCA 290 at paras. 32–39, leave to appeal ref’d [2017] S.C.C.A. No. 380. [24]        The appeal was ......
  • R. v. Ball, 2019 BCCA 32
    • Canada
    • Court of Appeal (British Columbia)
    • January 28, 2019
    ...finality and order in the litigation process by encouraging parties to put forward their best available case at trial: R. v. Hamzehali, 2017 BCCA 290 at para. 35, quoting from R. v. Wolkins, 2005 NSCA 2. [102] Where a miscarriage of justice is alleged, the applicable procedure is as describ......
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22 cases
  • R. v. Neidig, 2018 BCCA 485
    • Canada
    • Court of Appeal (British Columbia)
    • December 28, 2018
    ...and, if so, whether he has satisfied the burden on him of establishing the trial was unfair: See Aulakh at paras. 81–82; R. v. Hamzehali, 2017 BCCA 290 at para. 39, 350 C.C.C. (3d) [75] The Crown submits Mr. Neidig is neither a credible nor reliable affiant. It submits his evidence cannot w......
  • R. v. Mehl, 2021 BCCA 264
    • Canada
    • Court of Appeal (British Columbia)
    • June 30, 2021
    ...the miscarriage of justice claim underlying both grounds of appeal: R. v. Aulakh, 2012 BCCA 340 at paras. 56–68; R. v. Hamzehali, 2017 BCCA 290 at paras. 32–39, leave to appeal ref’d [2017] S.C.C.A. No. 380. [24]        The appeal was ......
  • R. v. Atzenberger, 2018 BCCA 296
    • Canada
    • Court of Appeal (British Columbia)
    • July 27, 2018
    ...on the ground of no prejudice having occurred, that is the course to follow (Strickland, supra, at p. 697). [65] In R. v. Hamzehali, 2017 BCCA 290 at para. 41, this Court quoted R. v. Dunbar, Pollard, Leiding and Kravit, 2003 BCCA 667 at paras. 24–25 for the application of those [24] The ap......
  • R. v. Ball, 2019 BCCA 32
    • Canada
    • Court of Appeal (British Columbia)
    • January 28, 2019
    ...finality and order in the litigation process by encouraging parties to put forward their best available case at trial: R. v. Hamzehali, 2017 BCCA 290 at para. 35, quoting from R. v. Wolkins, 2005 NSCA 2. [102] Where a miscarriage of justice is alleged, the applicable procedure is as describ......
  • Request a trial to view additional results

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