R. v. Richards (C.B.) et al., 2015 ABQB 617

• Judge: Nixon, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: October 01, 2015
• Citations: 2015 ABQB 617;[2015] A.R. TBEd. NO.015

R. v. Richards (C.B.), [2015] A.R. TBEd. NO.015

MLB being edited

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

Temp. Cite: [2015] A.R. TBEd. NO.015

Her Majesty the Queen (Crown) v. Christopher Brian Richards and Glen John MacIsaac (accused)

(131436016Q1; 2015 ABQB 617)

Indexed As: R. v. Richards (C.B.) et al.

Alberta Court of Queen's Bench

Judicial District of Calgary

Nixon, J.

October 1, 2015.

Summary:

The two accused (Richards and MacIsaac) were both charged with manslaughter (Criminal Code, s. 236(b)) and kidnapping (s. 279(1.1)(b)). Identity of the perpetrators was the main issue at trial.

The Alberta Court of Queen's Bench convicted both accused of manslaughter. The court acquitted both accused of kidnapping, as well as the included offence of unlawful confinement.

Criminal Law - Topic 1311

Manslaughter - Intention - See paragraphs 553 to 556, 574 to 576 and 587 to 593.

Criminal Law - Topic 1447

Kidnapping and hostage taking - What constitutes - See paragraphs 595 to 604.

Criminal Law - Topic 1450.3

Offences against person and reputation - Unlawful confinement, imprisonment or forcible seizure - Elements of - See paragraphs 605 to 610.

Criminal Law - Topic 2744

Attempts, conspiracies, accessories and parties - Parties to offences - What constitutes aiding and abetting - See paragraphs 565 to 576.

Criminal Law - Topic 2747

Attempts, conspiracies, accessories and parties - Parties to offences - What constitutes a party - See paragraphs 544 to 546.

Criminal Law - Topic 2748

Attempts, conspiracies, accessories and parties - Parties to offence - Principal offender - Who constitutes - See paragraphs 547 to 565.

Criminal Law - Topic 2754

Attempts, conspiracies, accessories and parties - Parties to offences - Offences resulting from acting on common intention to carry out unlawful purpose - See paragraphs 577 to 593.

Criminal Law - Topic 3071

Special powers - Forensic DNA analysis - General - See paragraphs 435, 436, 441 to 443, 457 to 472, 507 to 512.

Criminal Law - Topic 4353

Procedure - Charge or directions - Jury or judge alone - Directions regarding corroboration - See paragraphs 180 to 541.

Criminal Law - Topic 4354

Procedure - Charge or directions - Jury or judge alone - Directions regarding pleas or evidence of witnesses, co-accused and accomplices - See paragraph 185, 210 to 212, 485 to 496.

Criminal Law - Topic 4358

Procedure - Charge or directions - Jury or judge alone - Directions regarding circumstantial evidence - See paragraphs 404 to 611.

Criminal Law - Topic 4361

Procedure - Charge or directions - Jury or judge alone - Directions regarding identification - See paragraphs 12 to 21, 455 to 541.

Criminal Law - Topic 4379.2

Procedure - Charge or directions - Jury or judge alone - Directions regarding evidence admissible for limited purpose - See paragraph 249.

Criminal Law - Topic 4383

Procedure - Charge or directions - Jury or judge alone - Telephone records - See paragraphs 287 to 347, 444 to 449, 513 to 522.

Criminal Law - Topic 5252

Evidence and witnesses - Identification - From photographs - Use of photos by police - See paragraphs 21 to 182.

Criminal Law - Topic 5241

Evidence and witnesses - Identification - Eyewitness identification - See paragraphs 9 to 182, 455 to 466 and 498, 499.

Criminal Law - Topic 5244

Evidence and witnesses - Identification - By personal characteristics - See paragraphs 9 to 182.

Criminal Law - Topic 5353.4

Evidence and witnesses - Confessions and voluntary statements - Statements both inculpatory and exculpatory - See paragraphs 410 to 426.

Evidence - Topic 218

Inferences and weight of evidence - Inferences - Inference of fact from conduct - See paragraph 363.

Evidence - Topic 950

Real or demonstrative evidence - General - See paragraphs 320 to 322.

Evidence - Topic 5202

Witnesses - Corroboration - General principles - When required - See paragraph 180.

Evidence - Topic 5205

Witnesses - Corroboration - General principles - Circumstantial evidence as corroboration - See paragraphs 183 to 611.

Counsel:

Janice K. Walsh and Colin Schulhauser, for the Crown;

Gavin L. Wolch, for the Christopher Brian Richards, accused;

J.J. Kelly, for Glen John MacIsaac, accused.

This case was heard on February 23-27, March 2-23, 26, 27, June 4, August 10 and October 1, 2015, by Nixon, J., of the Alberta Court of Queen's Bench, Judicial District of Calgary, who delivered an oral decision on October 1, 2015, and provided the following memorandum of decision on October 8, 2015.