R. v. Stonechild, (1991) 120 A.R. 127 (CA)

• Judge: Shannon and Hope, JJ.
• Court: Court of Appeal (Alberta)
• Case Date: June 12, 1991
• Citations: (1991), 120 A.R. 127 (CA)

R. v. Stonechild (1991), 120 A.R. 127 (CA);

    8 W.A.C. 127

MLB headnote and full text

Her Majesty the Queen (respondent) v. Walter Frederick Stonechild (appellant)

(No. 9003-0536-A4)

Indexed As: R. v. Stonechild

Alberta Court of Appeal

Shannon and Hope, JJ.

(ad hoc), and McClung, J.A.

June 12, 1991.

Summary:

An accused appealed his conviction of sexual assault. The accused applied for permission to adduce fresh evidence before the Court of Appeal.

The Alberta Court of Appeal dismissed the application.

Criminal Law - Topic 4970

Appeals - Indictable offences - Powers of court of appeal - Receiving fresh evidence - Stonechild was convicted of sexual assault - On appeal he applied to adduce fresh evidence concerning a prior case in which the same complainant was involved - The Alberta Court of Appeal dismissed the application because the accused failed to establish relevance and failed to estab­lish that the evidence "has the potential of reasonably affecting the verdict".

Cases Noticed:

R. v. Wald (1989), 94 A.R. 125; 65 Alta. L.R.(2d) 114, refd to. [para. 5].

R. v. Gervais (1990), 58 C.C.C.(3d) 141 (Que. C.A.), refd to. [para. 6].

Counsel:

D.A. Haas, for the accused;

K.E. Tjosvold, for the Crown.

This application was heard by Shannon and Hope, JJ.(ad hoc), and McClung, J.A. of the Alberta Court of Appeal. The decision of the court was delivered from the bench by McClung, J.A., on June 12, 1991.