Her Majesty the Queen v. Oswald Oliver Villaroman
(Alberta) (Criminal) (By Leave)
Criminal law - Evidence, Offences, Elements of offence.
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Criminal law - Evidence - Circumstantial evidence - Offence - Elements of Offence - Possession of child pornography - Whether the Court of Appeal’s decision creates a checklist for proving digital child pornography possession that is unique to Alberta, creating inconsistency in the law across the country - Whether this checklist places a standard of proof on the Crown that is literally unattainable - Whether there is a conflict in the case law regarding when guilt may be found in a circumstantial case - According to the court below, the jurisprudence can be interpreted as holding that an unreasonable verdict must result where a circumstantial case permits any innocent explanation, even one with no foundation in the evidence - Whether there are unresolved grounds of appeal.
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