R v Lugela, 2020 ABCA 348

JudgeThe Honourable Madam Justice Marina Paperny,The Honourable Madam Justice Elizabeth Hughes,The Honourable Madam Justice Dawn Pentelechuk
Citation2020 ABCA 348
Docket Number1901-0190-A
CourtCourt of Appeal (Alberta)
Date30 September 2020
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7 practice notes
  • R v Hermkens, 2021 ABQB 1016
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • December 14, 2021
    ...application of the excited utterance, spontaneous declaration, or, as it is sometimes called, the res gestae doctrine. See R v Lugela, 2020 ABCA 348 at paras 34-35, 39-40. However, it was clear that even were it found that Cst. Lush accurately heard and recalled what Ms. Hart said, there wa......
  • R v Lugela,
    • Canada
    • Court of Appeal (Alberta)
    • January 17, 2022
    ...intoxication as a mitigating factor. In his reasons for conviction (R v Lugela, 2019 ABQB 128; appeal dismissed R v Lugela, 2020 ABCA 348) the trial judge rejected the Appellant’s defence that he was in a state of “advanced” intoxication at the time he murdered Mylan Hi......
  • R v SY,
    • Canada
    • Provincial Court of Alberta (Canada)
    • August 18, 2022
    ...See also, for example, cases on identification such as R v Cardinal, 2010 ABPC 175, R v Lugela, 2020 ABCA 348, R v Letendre, 2019 ABCA 179, and R v McKee, 2015 ABPC 166. Decision [48]           Accordingly, after considering all the evidence......
  • R v Palmer,
    • Canada
    • Court of Appeal (Alberta)
    • June 30, 2022
    ...a verdict must consider the evidence in its totality rather than in a piecemeal fashion: R v Anny, 2021 ABCA 394 at para 57; R v Lugela, 2020 ABCA 348 at para [32]           The consideration and application of Villaroman does not arise when......
  • Request a trial to view additional results
7 cases
  • R v Hermkens, 2021 ABQB 1016
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • December 14, 2021
    ...application of the excited utterance, spontaneous declaration, or, as it is sometimes called, the res gestae doctrine. See R v Lugela, 2020 ABCA 348 at paras 34-35, 39-40. However, it was clear that even were it found that Cst. Lush accurately heard and recalled what Ms. Hart said, there wa......
  • R v Lugela,
    • Canada
    • Court of Appeal (Alberta)
    • January 17, 2022
    ...intoxication as a mitigating factor. In his reasons for conviction (R v Lugela, 2019 ABQB 128; appeal dismissed R v Lugela, 2020 ABCA 348) the trial judge rejected the Appellant’s defence that he was in a state of “advanced” intoxication at the time he murdered Mylan Hi......
  • R v SY,
    • Canada
    • Provincial Court of Alberta (Canada)
    • August 18, 2022
    ...See also, for example, cases on identification such as R v Cardinal, 2010 ABPC 175, R v Lugela, 2020 ABCA 348, R v Letendre, 2019 ABCA 179, and R v McKee, 2015 ABPC 166. Decision [48]           Accordingly, after considering all the evidence......
  • R v Palmer,
    • Canada
    • Court of Appeal (Alberta)
    • June 30, 2022
    ...a verdict must consider the evidence in its totality rather than in a piecemeal fashion: R v Anny, 2021 ABCA 394 at para 57; R v Lugela, 2020 ABCA 348 at para [32]           The consideration and application of Villaroman does not arise when......
  • Request a trial to view additional results

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