R v Hermkens

CourtCourt of Queen's Bench of Alberta (Canada)
JudgeHonourable Mr. Justice W.N. Renke
Citation2021 ABQB 1016
Date14 December 2021
Docket Number191084375Q2

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8 practice notes
  • R v Roebuck
    • Canada
    • Court of Appeal (Alberta)
    • May 1, 2024
    ...of planning and deliberation may overlap with evidence of intent: R v Aalders, [1993] 2 SCR 482, 504, 82 CCC (3d) 215; R v Hermkens, 2021 ABQB 1016, para 1050; R v Howard, [1989] 1 SCR 1337, 1361, 48 CCC (3d) 38, L'Heureux-Dubé J (in dissent but not on this point). While trial judges must t......
  • R v Moss
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • April 28, 2023
    ...CanLII 71203 (SCC) must be considered. [177]       As summarized in R v Hermkens, 2021 ABQB 1016 at para 12, this line of cases confirms ... [t]he burden of proof is on the Crown to establish the accused’s guilt beyond a reasonable do......
  • R v Moss
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • April 28, 2023
    ...and R v Achuil, 2019 ABCA 299, leave to appeal dismissed 2020 CanLII 71203 (SCC) must be considered. 177 As summarized in R v Hermkens, 2021 ABQB 1016 at para 12, this line of cases confirms that: … [t]he burden of proof is on the Crown to establish the accused's guilt beyond a ......
  • R v Kemp
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • May 29, 2024
    ...exculpatory evidence) cannot be taken as proof of the accused's guilt. (See also R v Bennett, 2021 ABQB 206 at para 14; R v Hermkens, 2021 ABQB 1016 at para 12) 9 All exculpatory evidence – from all sources of evidence - must be considered within this analytical rubric. The trier of fact ma......
  • Get Started for Free
8 cases
  • R v Roebuck
    • Canada
    • Court of Appeal (Alberta)
    • May 1, 2024
    ...of planning and deliberation may overlap with evidence of intent: R v Aalders, [1993] 2 SCR 482, 504, 82 CCC (3d) 215; R v Hermkens, 2021 ABQB 1016, para 1050; R v Howard, [1989] 1 SCR 1337, 1361, 48 CCC (3d) 38, L'Heureux-Dubé J (in dissent but not on this point). While trial judges must t......
  • R v Moss
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • April 28, 2023
    ...CanLII 71203 (SCC) must be considered. [177]       As summarized in R v Hermkens, 2021 ABQB 1016 at para 12, this line of cases confirms ... [t]he burden of proof is on the Crown to establish the accused’s guilt beyond a reasonable do......
  • R v Moss
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • April 28, 2023
    ...and R v Achuil, 2019 ABCA 299, leave to appeal dismissed 2020 CanLII 71203 (SCC) must be considered. 177 As summarized in R v Hermkens, 2021 ABQB 1016 at para 12, this line of cases confirms that: … [t]he burden of proof is on the Crown to establish the accused's guilt beyond a ......
  • R v Kemp
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • May 29, 2024
    ...exculpatory evidence) cannot be taken as proof of the accused's guilt. (See also R v Bennett, 2021 ABQB 206 at para 14; R v Hermkens, 2021 ABQB 1016 at para 12) 9 All exculpatory evidence – from all sources of evidence - must be considered within this analytical rubric. The trier of fact ma......
  • Get Started for Free