Docket

36532

Johnathan Peter Spicer v. Her Majesty the Queen

(Alberta) (Criminal) (As of Right)

(Publication ban in case)

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

Proceedings
Date Proceeding Filed By
(if applicable)
2016-01-29 Transcript received, 27 pages
2016-01-21 Appeal closed
2016-01-18 Formal judgment sent to the registrar of the court of appeal and all parties
2016-01-18 Judgment on appeal and notice of deposit of judgment sent to all parties
2016-01-15 General proceeding, Filing of questionnaire following the hearing of case involving a publication ban or sealing order Johnathan Peter Spicer
2016-01-15 Judgment on the appeal rendered, Mo Ka Wa Ga Côt, The appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 1403-0115-A, 2015 ABCA 190, dated June 4, 2015, was heard on January 15, 2016, and the Court on that day delivered the following judgment orally:

MOLDAVER J. — The sole issue before us is whether the trial judge’s failure to instruct the jury on the need to take reasonable steps
to ascertain consent might reasonably be thought to have had a material bearing on the acquittal. A majority of the Alberta Court of Appeal found that it did. We agree.
Accordingly, we would dismiss the appeal.

Dismissed
2016-01-15 Hearing of the appeal, 2016-01-15, Mo Ka Wa Ga Côt
Judgment rendered
2016-01-15 Respondent's condensed book, (Book Form), Filed in Court Her Majesty the Queen
2016-01-05 Notice of appearance, (Letter Form), Joanne Dartana will be appearing Her Majesty the Queen
2016-01-04 Notice of appearance, Daryl Royer and Akram Attia will be appearing Johnathan Peter Spicer
2015-12-18 Appeal perfected for hearing
2015-12-16 Certificate of counsel (attesting to record) Her Majesty the Queen
2015-12-16 Respondent's book of authorities, Completed on: 2015-12-16 Her Majesty the Queen
2015-12-16 Respondent's record, Completed on: 2015-12-17 Her Majesty the Queen
2015-12-16 Respondent's factum, Completed on: 2015-12-17 Her Majesty the Queen
2015-11-27 Notice of hearing sent to parties
2015-11-26 Appeal hearing scheduled, 2016-01-15
Judgment rendered
2015-10-23 Certificate of counsel (attesting to record) Johnathan Peter Spicer
2015-10-23 Appellant's book of authorities, Completed on: 2015-10-23 Johnathan Peter Spicer
2015-10-23 Appellant's record, Completed on: 2015-10-23 Johnathan Peter Spicer
2015-10-23 Appellant's factum, Completed on: 2015-10-23 Johnathan Peter Spicer
2015-08-14 Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right)
2015-08-04 Letter acknowledging receipt of a notice of appeal
2015-07-31 Certificate (on limitations to public access) Johnathan Peter Spicer
2015-07-31 Notice of appeal, Completed on: 2015-07-31 Johnathan Peter Spicer