R v Lightning, 2018 ABCA 324

JudgeThe Honourable Mr. Justice Frans Slatter,The Honourable Mr. Justice J.D. Bruce McDonald,The Honourable Madam Justice Myra Bielby
Citation2018 ABCA 324
Date04 October 2018
CourtCourt of Appeal (Alberta)
Docket Number1703-0089-A
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10 practice notes
  • R v JOL, 2020 ABCA 73
    • Canada
    • Court of Appeal (Alberta)
    • February 21, 2020
    ...provide an essential direction in a jury instruction is a question of law subject to review on a standard of correctness: R v Lightning, 2018 ABCA 324 at para 18, 366 CCC (3d) 213 [15] A reviewing court takes a functional approach by reviewing the entire charge in the context of the trial a......
  • R v TWS, 2020 ABCA 157
    • Canada
    • Court of Appeal (Alberta)
    • April 23, 2020
    ...the charge as a whole, in determining, in a general sense, what the words used in the charge likely conveyed to the jury: R v Lightning, 2018 ABCA 324 at para 18 and the cases cited therein. An accused is entitled to a properly instructed jury, not a perfectly instructed one: R v Jacquard, ......
  • R v RJM, 2019 ABCA 386
    • Canada
    • Court of Appeal (Alberta)
    • October 17, 2019
    ...and the charge as a whole, in determining in a general sense what the words used in a charge likely conveyed to the jury: R v Lightning, 2018 ABCA 324 at para 18. An accused is entitled to a properly instructed jury, not a perfectly instructed one: R v Daley, 2007 SCC 53 at para 31; R v Ara......
  • R v Heymerdinguer,
    • Canada
    • Court of Appeal (Alberta)
    • March 25, 2021
    ...jury charge is a question of law, an “accused is entitled to a properly instructed jury, not a perfectly instructed jury”: R v Lightning, 2018 ABCA 324 at paras 18-21, 366 CCC (3d) VI. Analysis The trial judge did not err in the assessment and application of the air of reality test [38] The......
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10 cases
  • R v JOL, 2020 ABCA 73
    • Canada
    • Court of Appeal (Alberta)
    • February 21, 2020
    ...provide an essential direction in a jury instruction is a question of law subject to review on a standard of correctness: R v Lightning, 2018 ABCA 324 at para 18, 366 CCC (3d) 213 [15] A reviewing court takes a functional approach by reviewing the entire charge in the context of the trial a......
  • R v TWS, 2020 ABCA 157
    • Canada
    • Court of Appeal (Alberta)
    • April 23, 2020
    ...the charge as a whole, in determining, in a general sense, what the words used in the charge likely conveyed to the jury: R v Lightning, 2018 ABCA 324 at para 18 and the cases cited therein. An accused is entitled to a properly instructed jury, not a perfectly instructed one: R v Jacquard, ......
  • R v RJM, 2019 ABCA 386
    • Canada
    • Court of Appeal (Alberta)
    • October 17, 2019
    ...and the charge as a whole, in determining in a general sense what the words used in a charge likely conveyed to the jury: R v Lightning, 2018 ABCA 324 at para 18. An accused is entitled to a properly instructed jury, not a perfectly instructed one: R v Daley, 2007 SCC 53 at para 31; R v Ara......
  • R v Heymerdinguer,
    • Canada
    • Court of Appeal (Alberta)
    • March 25, 2021
    ...jury charge is a question of law, an “accused is entitled to a properly instructed jury, not a perfectly instructed jury”: R v Lightning, 2018 ABCA 324 at paras 18-21, 366 CCC (3d) VI. Analysis The trial judge did not err in the assessment and application of the air of reality test [38] The......
  • Request a trial to view additional results

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