R. v. Keepness (S.C.), 2007 SKCA 42

• Judge: Klebuc, C.J.S., Lane and Jackson, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: January 17, 2007
• Jurisdiction: Saskatchewan
• Citations: 2007 SKCA 42;(2007), 293 Sask.R. 77 (CA)

R. v. Keepness (S.C.) (2007), 293 Sask.R. 77 (CA);

      397 W.A.C. 77

MLB headnote and full text

Temp. Cite: [2007] Sask.R. TBEd. MY.003

Shawn Curtis Keepness (appellant) v. Her Majesty the Queen (respondent)

(No. 1263; 2007 SKCA 42)

Indexed As: R. v. Keepness (S.C.)

Saskatchewan Court of Appeal

Klebuc, C.J.S., Lane and Jackson, JJ.A.

April 13, 2007.

Summary:

The accused was convicted by a jury of aggravated assault and possessing a weapon for a purpose dangerous to the public peace. He appealed.

The Saskatchewan Court of Appeal allowed the appeal and ordered a new trial.

Criminal Law - Topic 4361

Procedure - Charge or directions - Jury or judge alone - Directions regarding identification - The accused was charged with aggravated assault and possessing a weapon for a purpose dangerous to the public peace - The trial judge instructed the jury that the only issue was whether the aggravated assault was at the hand of accused in the light of all the evidence - The jury convicted the accused - The Saskatchewan Court of Appeal allowed the accused's appeal - Notwithstanding having identified the issue correctly, the trial judge gave the jury no instructions about the frailties of eyewitness evidence in general or how they should apply the law regarding eyewitness testimony to the evidence that they had heard - The court ordered a new trial, rather than entering an acquittal, as there was legally admissible evidence on which convictions on both counts could reasonably be based.

Criminal Law - Topic 4944

Appeals - Indictable offences - New trials - When available - General - [See Criminal Law - Topic 4361 ].

Cases Noticed:

R. v. Bigsky (J.S.) (2006), 289 Sask.R. 179; 382 W.A.C. 179 (C.A.), refd to. [para. 2].

R. v. Hibbert (K.R.) (2002), 287 N.R. 111; 165 B.C.A.C. 161; 270 W.A.C. 161 (S.C.C.), refd to. [para. 5].

R. v. P.L.S. (1991), 122 N.R. 321; 90 Nfld. & P.E.I.R. 234; 280 A.P.R. 234 (S.C.C.), refd to. [para. 9].

R. v. Haslam (1990), 56 C.C.C.(3d) 491 (B.C.C.A.), refd to. [para. 9].

R. v. Levy (1991), 44 O.A.C. 5 (C.A.), refd to. [para. 9].

R. v. Morin (1988), 88 N.R. 161; 30 O.A.C. 81 (S.C.C.), refd to. [para. 9].

R. v. Thorne (B.) (2004), 279 N.B.R.(2d) 92; 732 A.P.R. 92 (C.A.), refd to. [para. 9].

R. v. Schneider (A.M.) et al. (2004), 226 N.S.R.(2d) 110; 714 A.P.R. 110 (C.A.), refd to. [para. 9].

R. v. Sutton, [1970] 2 O.R. 358; 9 C.R.N.S. 45 (C.A.), refd to. [para. 9].

R. v. Spatola, [1970] 3 O.R. 74 (C.A.), refd to. [para. 9].

R. v. Brand (A.) (1995), 80 O.A.C. 396 (C.A.), refd to. [para. 9].

R. v. Snowden (S.J.J.) (2006), 401 A.R. 11; 391 W.A.C. 11 (C.A.), refd to. [para. 9].

Counsel:

No one appearing on behalf of the appellant;

Lana Krogan-Stevely, for the Crown.

This appeal was heard on January 17, 2007, by Klebuc, C.J.S., Lane and Jackson, JJ.A., of the Saskatchewan Court of Appeal. The following decision of the court was delivered by Jackson, J.A., and filed on April 13, 2007.