R v Milosevic, 2020 ABCA 359

JudgeThe Honourable Mr Justice Frans Slatter,The Honourable Madam Justice Frederica Schutz,The Honourable Madam Justice Sheila Greckol
Citation2020 ABCA 359
CourtCourt of Appeal (Alberta)
Date14 October 2020
Docket Number1903-0037-A
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3 practice notes
  • R v McKnight,
    • Canada
    • Court of Appeal (Alberta)
    • 18 Julio 2022
    ...prior sexual activity is scrutinized to avoid such spurious concepts as advance or implied consent. As this Court noted in R v Milosevic, 2020 ABCA 359 at para 29: ... consent must exist at the time the sexual activity takes place and it must be communicated; there is no defence rooted in a......
  • R v Khan, 2020 ABCA 466
    • Canada
    • Court of Appeal (Alberta)
    • 17 Diciembre 2020
    ...of counsel as they may fill gaps left in the charge”). [39] Azoulay v. The Queen, [1952] 2 S.C.R. 495, 498. [40] The Queen v. Milosevic, 2020 ABCA 359, ¶ [41] The Queen v. Royz, 2009 SCC 13, ¶ 3; [2009] 1 S.C.R. 423, 424. [42] The Queen v. Daley, 2007 SCC 53, ¶ 58; [2007] 3 S.C.R. 523, 560 ......
  • R v Tran,
    • Canada
    • Court of Appeal (Alberta)
    • 10 Febrero 2021
    ...this is a situation where the failure to object at trial was “tactical and of service to the overall defence strategy”: R v Milosevic, 2020 ABCA 359 at para 23. That strategy was primarily focused on attacking the Crown’s case through the advancement of an innocent explanation defence. It i......
3 cases
  • R v McKnight,
    • Canada
    • Court of Appeal (Alberta)
    • 18 Julio 2022
    ...prior sexual activity is scrutinized to avoid such spurious concepts as advance or implied consent. As this Court noted in R v Milosevic, 2020 ABCA 359 at para 29: ... consent must exist at the time the sexual activity takes place and it must be communicated; there is no defence rooted in a......
  • R v Khan, 2020 ABCA 466
    • Canada
    • Court of Appeal (Alberta)
    • 17 Diciembre 2020
    ...of counsel as they may fill gaps left in the charge”). [39] Azoulay v. The Queen, [1952] 2 S.C.R. 495, 498. [40] The Queen v. Milosevic, 2020 ABCA 359, ¶ [41] The Queen v. Royz, 2009 SCC 13, ¶ 3; [2009] 1 S.C.R. 423, 424. [42] The Queen v. Daley, 2007 SCC 53, ¶ 58; [2007] 3 S.C.R. 523, 560 ......
  • R v Tran,
    • Canada
    • Court of Appeal (Alberta)
    • 10 Febrero 2021
    ...this is a situation where the failure to object at trial was “tactical and of service to the overall defence strategy”: R v Milosevic, 2020 ABCA 359 at para 23. That strategy was primarily focused on attacking the Crown’s case through the advancement of an innocent explanation defence. It i......

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