Case Law Flashcards
1
Q
R v Lifchus
A
- beyond reasonable doubt
2
Q
R v Cinous
A
- air of reality
- mobster murder
3
Q
R v Levesque
A
- admission of evidence in an appeal
- certain requirements for evidence
4
Q
R v Khan
A
- established the principled approach
5
Q
R v White
A
- do not use consciousness of guilt
- use post-offence conduct
6
Q
R v KGB
A
- prior inconsistent statements made by witnesses other than the accused may be admitted for the truth of their contents if, on a case-by-case basis, the trial judge determines that the prior statements meet the tests of necessity and reliability
7
Q
R v Mohan
A
- factors to determine expert witness
- developed a four criteria to determine if
a witness is qualified as an expert
1. relevance
2. necessity
3. qualification
4. absence of any exclusionary rule
8
Q
R v Handy
A
- considerations in measuring probative value of similar fact evidence
- sexual assault case where past evidence of sexual assault was brought up
9
Q
Graat v The Queen
A
- a witness may be permitted to present their evidence in opinion form where it is difficult for them to express the information without stating an opinion
10
Q
R v Khelawon
A
- framework for considering the admissibility of hearsay evidence
11
Q
R v Nedelcu
A
- civil case was decided before criminal case
- s13 - self incrimination (not remembering criminal then civil detailed)
12
Q
R v Bartle
A
- s 10(b) - right to retain counsel
- not barred from obtaining counsel
13
Q
R v Harrer
A
- Charter of Rights evidence unfairly obtained
14
Q
Smith v Jones
A
- public safety exception of evidence
15
Q
R v Grant
A
- psychological detention, exclusion of evidence
16
Q
R v O’Connor
A
- sexual assault bishop, request of third party records, modified for serial assault, O’Connor is for non sexual cases
17
Q
R v Gruenke
A
- by class privilege and on a case-by-case basis privilege
