R. v. Walsh (R.J.), (2014) 360 B.C.A.C. 136 (CA)
| Judge | Chiasson, Frankel and Willcock, JJ.A. |
| Court | Court of Appeal (British Columbia) |
| Case Date | May 05, 2014 |
| Jurisdiction | British Columbia |
| Citations | (2014), 360 B.C.A.C. 136 (CA);2014 BCCA 326 |
R. v. Walsh (R.J.) (2014), 360 B.C.A.C. 136 (CA);
617 W.A.C. 136
MLB headnote and full text
Temp. Cite: [2014] B.C.A.C. TBEd. SE.002
Regina (respondent) v. Ryan Joseph Walsh (appellant)
(CA039644; 2014 BCCA 326)
Indexed As: R. v. Walsh (R.J.)
British Columbia Court of Appeal
Chiasson, Frankel and Willcock, JJ.A.
August 19, 2014.
Summary:
The victim (Yarrow) was stabbed during an altercation involving the accused (Walsh), Plante, and Milne. Walsh and Plante were jointly charged with aggravated assault. Both men were represented at trial by the same lawyer (Paterson). Walsh testified and denied stabbing Yarrow. The trial judge rejected his evidence and found him guilty. Plante did not testify and was acquitted. Walsh appealed, arguing that he was denied the effective assistance of counsel because Paterson (a) did not call Plante to testify that shortly after the altercation Milne confessed to stabbing Yarrow; and (b) failed to argue that Plante likely stabbed Yarrow and that Plante's failure to testify was probative of his guilt. In support of his appeal, Walsh applied to have admitted as fresh evidence his own affidavit and that of Paterson.
The British Columbia Court of Appeal dismissed the application and the appeal.
Barristers and Solicitors - Topic 1604.1
Relationship with client - Conflict of interest or duties - Acting for jointly or separately charged or tried co-accused - See paragraphs 44 to 48.
Criminal Law - Topic 4964
Appeals - Indictable offences - New trials - Grounds - Competence of counsel - See paragraphs 44 to 48.
Criminal Law - Topic 4970
Appeals - Indictable offences - Powers of Court of Appeal - Receiving fresh evidence - General - See paragraphs 35 to 43.
Practice - Topic 9031
Appeals - Evidence on appeal - Admission of "new evidence" or "fresh evidence" - See paragraphs 35 to 43.
Cases Noticed:
R. v. Palmer, [1980] 1 S.C.R. 759; 30 N.R. 181, refd to. [para. 35].
R. v. Hay (L.) et al., [2013] 3 S.C.R. 694; 451 N.R. 34; 312 O.A.C. 201; 2013 SCC 61, refd to. [para. 35].
R. v. Aulakh (B.S.) (2012), 326 B.C.A.C. 177; 554 W.A.C. 177; 295 C.C.C.(3d) 315; 2012 BCCA 340, refd to. [para. 36].
R. v. Kim (C.H.) (2007), 235 B.C.A.C. 191; 388 W.A.C. 191; 2007 BCCA 25, refd to. [para. 44].
R. v. W.W. and L.W. (1995), 84 O.A.C. 241; 100 C.C.C.(3d) 225 (C.A.), refd to. [para. 45].
R. v. Le (S.H.) (2013), 344 B.C.A.C. 255; 587 W.A.C. 255; 2013 BCCA 455, refd to. [para. 45].
R. v. Barbeau (1996), 110 C.C.C.(3d) 69 (Que. C.A.), refd to. [para. 45].
R. v. Prokofiew (E.), [2012] 2 S.C.R. 639; 435 N.R. 1; 296 O.A.C. 1; 2012 SCC 49, refd to. [para. 47].
Counsel:
J.J. Blazina, for the appellant;
G.D. McKinnon, Q.C., for the respondent.
This application and appeal were heard at Vancouver, B.C., on May 5, 2014, before Chiasson, Frankel and Willcock, JJ.A., of the British Columbia Court of Appeal. Frankel, J.A., delivered the following judgment for the court on August 19, 2014.
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Table of cases
...206 CCC (3d) 543, [2006] OJ No 955 (CA) ............................................................................... 434 R v Walsh, 2014 BCCA 326..................................................................................327 R v Waranuk, 2010 YKCA 5 ......................................
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Conflict of Interest
...22 at para 52; Piersanti , above note 92 at para 5; Kim , above note 21 at para 26; R v Sherif , 2012 ABCA 35 at paras 13–17; R v Walsh , 2014 BCCA 326 at para 45. 283 See WW , above note 21 at 239 [para 37] (speaking in the context of joint representation). ETHICS AND CRIMINAL LAW 328 to a......
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R. v. Atzenberger, 2018 BCCA 296
...the grounds in question. [15] The principles applicable to an application to adduce fresh evidence on appeal are set out in R. v. Walsh, 2014 BCCA 326, where this Court distinguished between evidence adduced to challenge an issue decided at trial, and evidence intended to challenge the inte......
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R. v. Walsh, 2018 BCCA 222
...753(1)(a) and imposing an indeterminate sentence pursuant to s. 753(4.1) — 2011 BCSC 1911 August 19, 2014 Conviction appeal dismissed — 2014 BCCA 326 May 24, 2017 Appeal allowed from finding that Mr. Walsh is a dangerous offender; matter remitted to trial court for the purpose of imposing......
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R. v. Atzenberger, 2018 BCCA 296
...the grounds in question. [15] The principles applicable to an application to adduce fresh evidence on appeal are set out in R. v. Walsh, 2014 BCCA 326, where this Court distinguished between evidence adduced to challenge an issue decided at trial, and evidence intended to challenge the inte......
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R. v. Walsh, 2017 BCCA 195
...sentence. He was convicted after a trial (with reasons for sentence indexed at 2011 BCSC 1911) and his conviction was upheld on appeal (2014 BCCA 326). The two offences arose from the same act and involved the same victim, however, the trial judge concluded that the principles in R. v. Kien......
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R. v. Walsh, 2018 BCCA 222
...753(1)(a) and imposing an indeterminate sentence pursuant to s. 753(4.1) — 2011 BCSC 1911 August 19, 2014 Conviction appeal dismissed — 2014 BCCA 326 May 24, 2017 Appeal allowed from finding that Mr. Walsh is a dangerous offender; matter remitted to trial court for the purpose of imposing......
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Table of cases
...206 CCC (3d) 543, [2006] OJ No 955 (CA) ............................................................................... 434 R v Walsh, 2014 BCCA 326..................................................................................327 R v Waranuk, 2010 YKCA 5 ......................................
-
Conflict of Interest
...22 at para 52; Piersanti , above note 92 at para 5; Kim , above note 21 at para 26; R v Sherif , 2012 ABCA 35 at paras 13–17; R v Walsh , 2014 BCCA 326 at para 45. 283 See WW , above note 21 at 239 [para 37] (speaking in the context of joint representation). ETHICS AND CRIMINAL LAW 328 to a......