R. v. Negasi (T.), [2015] A.R. TBEd. DE.143

• Judge: Topolniski, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: May 20, 2011
• Citations: [2015] A.R. TBEd. DE.143;2011 ABQB 341

R. v. Negasi (T.), [2015] A.R. TBEd. DE.143

MLB being edited

Currently being edited for A.R. - judgment temporarily in rough form.

Temp. Cite: [2015] A.R. TBEd. DE.143

Her Majesty the Queen (Crown) v. Tesfai Negasi (Defence)

(090815085Q1; 2011 ABQB 341)

Indexed As: R. v. Negasi (T.)

Alberta Court of Queen's Bench

Judicial District of Edmonton

Topolniski, J.

May 20, 2011.

Summary:

The accused was charged with the murder of his wife and offering an indignity to a dead body. He had confessed to the killing and to dismembering his wife's remains. He intended to plead guilty to offering an indignity to a dead body and admit to the killing, which would leave intention as the key issue for the jury to decide. It was expected that the oral evidence would describe the crime and that doubtless, the jury would from that learn the details of the dismemberment and disposition of his wife's remains. The accused applied for the exclusion of autopsy photographs that the Crown would seek to enter in evidence.

The Alberta Court of Queen's Bench held that, subject to the exceptions of photographs 26, 40, and 89, and hearing further from counsel about photograph 43, the photographs the Crown sought to introduce were admissible.

Editor's Note: This case is being reported at this time as it was only recently received from the court.

Criminal Law - Topic 5209

Evidence and witnesses - Admissibility and relevancy - Prejudicial evidence - See paragraphs 1 to 22.

Criminal Law - Topic 5360

Evidence and witnesses - Photographs, movies, videotapes, etc. - General principles - Admissibility - See paragraphs 1 to 22.

Counsel:

Tania Holland, for the Crown;

Peter Royal, Q.C., for the Defence.

This voir dire was heard by Topolniski, J., of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered the following memorandum of decision on May 20, 2011.