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Neuberger Rose


The Neuberger Rose Criminal Law Advisor, by leading defence counsel David Rose, provides expert analysis on current issues of interest to criminal practitioners across Canada. It features highlights of key legislative developments, case comments and summaries of trial level decisions covering a wide range of matters including the Charter, forensic and electronic evidence. The newsletter is published on a monthly basis.

Excerpts from Newsletter 2010-03 – Read the latest newsletter 

(the full version is available to CriminalSource subscribers). 

Headlines

Ontario Court of Appeal orders a new trial where the trial judge mischaracterized key evidence.

 

New Disclosure Case — Drug Recognition Expert/Standard Field Sobriety Test Manuals ordered disclosed to the defence.

 

Can a "place" include a parking lot? The Alberta Court of Appeal says no, and overturns a Break and Enter conviction.

 

Ontario Court of Appeal substantially increases a child pornography sentence.

 

 

Selected Case 

 

Rona hardware operated an overflow yard containing trailers. The yard was physically controlled only by a locked piece of chain across the entrance. There were no fences or other barriers to movement into the yard, which was supervised by security guards and television cameras. The Appellants were charged with Break and Enter and Theft after breaking the chain and backing up a tractor to the yard. Nothing was stolen. The trial judge found that the yard was a "place" for purposes of Break and Enter within s. 348(3) of the Criminal Code, and convicted them. The Alberta Court of Appeal, however, reversed the acquittal, holding that for purposes of Break and Enter, "place" did not include a parking lot: R. v. Ausland (2010), 2010 CarswellAlta 95 (Alta. C.A.).

 

 

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