R. v. Miller, 2019 BCCA 78

JurisdictionBritish Columbia
JudgeGroberman,Fitch,Hunter
Citation2019 BCCA 78
Date06 March 2019
CourtCourt of Appeal (British Columbia)
Docket NumberCA42241
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4 practice notes
  • Table of cases
    • Canada
    • Irwin Books Criminal Procedure. Fourth Edition
    • June 23, 2020
    ...65 R v Millard, 2017 ONSC 6040 .............................................................................. 71 R v Miller, 2019 BCCA 78 ................................................................................... 509 R v Miller and Cockriel, [1975] 6 WWR 1, 33 CRNS 129, [1975] BCJ ......
  • The Trial Process
    • Canada
    • Irwin Books Criminal Procedure. Fourth Edition
    • June 23, 2020
    ...in that case the Ontario Court of Appeal concluded that the accused in fact was aware of that collateral consequence. 136 R v Miller , 2019 BCCA 78. See also R v Quick , 2016 ONCA 26, a pre- Wong case in which the accused was allowed to withdraw his guilty plea because he incorrectly though......
  • R. v. Khungay, 2020 BCCA 269
    • Canada
    • Court of Appeal (British Columbia)
    • October 6, 2020
    ...consequences must establish a reasonable possibility that they would have proceeded differently had they known of them: R. v. Miller, 2019 BCCA 78 at para. 3. In Wong, the majority described this requirement as one of “subjective prejudice”. The applicant must establish a “reasonable possib......
  • R. v. D.L.B.,
    • Canada
    • Court of Appeal (British Columbia)
    • January 18, 2022
    ...s. 16(1) of the Criminal Code then this ground of appeal must fail. [46]        In R. v. Miller, 2019 BCCA 78, Justice Fitch described the scope of s. 686(1)(a)(iii) and its application to claims concerning a miscarriage of justice: [30] &#x......
2 cases
  • R. v. Khungay, 2020 BCCA 269
    • Canada
    • Court of Appeal (British Columbia)
    • October 6, 2020
    ...consequences must establish a reasonable possibility that they would have proceeded differently had they known of them: R. v. Miller, 2019 BCCA 78 at para. 3. In Wong, the majority described this requirement as one of “subjective prejudice”. The applicant must establish a “reasonable possib......
  • R. v. D.L.B.,
    • Canada
    • Court of Appeal (British Columbia)
    • January 18, 2022
    ...s. 16(1) of the Criminal Code then this ground of appeal must fail. [46]        In R. v. Miller, 2019 BCCA 78, Justice Fitch described the scope of s. 686(1)(a)(iii) and its application to claims concerning a miscarriage of justice: [30] &#x......
2 books & journal articles
  • Table of cases
    • Canada
    • Irwin Books Criminal Procedure. Fourth Edition
    • June 23, 2020
    ...65 R v Millard, 2017 ONSC 6040 .............................................................................. 71 R v Miller, 2019 BCCA 78 ................................................................................... 509 R v Miller and Cockriel, [1975] 6 WWR 1, 33 CRNS 129, [1975] BCJ ......
  • The Trial Process
    • Canada
    • Irwin Books Criminal Procedure. Fourth Edition
    • June 23, 2020
    ...in that case the Ontario Court of Appeal concluded that the accused in fact was aware of that collateral consequence. 136 R v Miller , 2019 BCCA 78. See also R v Quick , 2016 ONCA 26, a pre- Wong case in which the accused was allowed to withdraw his guilty plea because he incorrectly though......

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