Docket

38026

Kingsley Yianomah Quartey 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)
2018-12-27 Transcript received, 28 pages
2018-12-20 Appeal closed
2018-12-17 Formal judgment sent to the registrar of the court of appeal and all parties
2018-12-17 Judgment on appeal and notice of deposit of judgment sent to all parties
2018-12-14 General proceeding, Questionnaire for publication ban Kingsley Yianomah Quartey
2018-12-14 Hearing of the appeal, 2018-12-14, Mo Ka Côt Br Mar
Judgment rendered
2018-12-14 Judgment on the appeal rendered, Mo Ka Côt Br Mar,
The appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 1603-0263-A, 2018 ABCA 12, dated January 18, 2018, was heard on December 14, 2018, and the Court on that day delivered the following judgment orally:

BROWN J. — We agree substantially with the majority at the Court of Appeal, and would dismiss the appeal. The trial judge’s analysis of the evidence reveals his path of reasoning that led to conviction, and permits effective appellate review.

Moreover, the trial judge did not err in his credibility analysis. He did not shift the burden of proof or hold the appellant’s evidence to a higher standard of scrutiny than that applied to the complainant’s evidence. As the majority at the Court of Appeal observed, the trial judge instructed himself on the principles of R. v. W. (D.), [1991] 1 S.C.R. 742, and, based on internal contradictions in the appellant’s testimony and on the strength of the complainant’s testimony, he was entitled to conclude that the Crown had met its burden of proving the appellant’s guilt beyond a reasonable doubt.

Nor did the trial judge err by applying generalizations and stereotypes in rejecting the appellant’s evidence. We agree with the majority at the Court of Appeal that the trial judge’s statements in this regard were directed to the appellant’s own evidence and to the believability of the appellant’s claims about how he responded to the specific circumstances of this case, and not to some stereotypical understanding of how men in those circumstances would conduct themselves.
Dismissed
2018-12-14 Appellant's condensed book, (Book Form), 14 copies submitted in courtroom Kingsley Yianomah Quartey
2018-12-03 Notice of appearance, Kathryn Quinlan will be appearing and will present the oral arguments. Kingsley Yianomah Quartey
2018-11-28 Notice of appearance, Troy L. Couillard will be appearing and will present the oral arguments. Her Majesty the Queen
2018-08-29 Notice of hearing sent to parties
2018-08-20 Appeal hearing scheduled, 2018-12-14, (previously tentatively scheduled for November 16, 2018 and October 19, 2018)

The hearing is now tentatively scheduled for DECEMBER 14, 2018.
Judgment rendered
2018-06-26 Appeal perfected for hearing
2018-06-25 Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right), Further to the request of counsel for the appellant, The hearing of this appeal will be tentatively set for December 14, 2018.
2018-06-22 Certificate (on limitations to public access), (Letter Form), 23B Her Majesty the Queen
2018-06-22 Certificate (on limitations to public access), (Letter Form), 23A Her Majesty the Queen
2018-06-22 Respondent's factum, (Book Form), Completed on: 2018-06-22 Her Majesty the Queen
2018-06-13 Correspondence received from, (Letter Form), appellant, re: request to adjourn tentative hearing date to December 2018. Kingsley Yianomah Quartey
2018-05-22 Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right), The hearing of this appeal will be tentatively set for October 19, 2018.
2018-05-15 Certificate (on limitations to public access), (Letter Form), 23B Kingsley Yianomah Quartey
2018-05-15 Certificate (on limitations to public access), (Letter Form), 23A Kingsley Yianomah Quartey
2018-05-15 Certificate of counsel (attesting to record), (Letter Form) Kingsley Yianomah Quartey
2018-05-15 Appellant's record, (Book Form), Completed on: 2018-05-15 Kingsley Yianomah Quartey
2018-05-15 Appellant's factum, (Book Form), Completed on: 2018-05-15 Kingsley Yianomah Quartey
2018-04-04 Order on motion to extend time to serve and/or file notice of appeal, BY JUSTICE GASCON
2018-04-04 Decision on motion to extend time to serve and/or file notice of appeal, Ga, UPON APPLICATION by the appellant for an order extending the time to serve and file his notice of appeal;
AND THE MATERIAL FILED having been read;
AND NOTING THAT the respondent consents to the motion;
IT IS HEREBY ORDERED THAT:
The motion is granted.
Granted
2018-04-04 Submission of motion to extend time to serve and/or file notice of appeal submitted, Ga
2018-03-28 Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right)
2018-03-27 Letter acknowledging receipt of a notice of appeal
2018-03-21 Response to motion to extend time to serve and/or file notice of appeal, (Letter Form), Completed on: 2018-03-21 Her Majesty the Queen
2018-03-20 Certificate (on limitations to public access), (Letter Form), Form 23B (REVISED filed on 2018-04-04) Kingsley Yianomah Quartey
2018-03-20 Certificate (on limitations to public access), (Letter Form), Form 23A Kingsley Yianomah Quartey
2018-03-20 Motion to extend the time to serve and/or file the notice of appeal, (Included in the notice of appeal), Completed on: 2018-03-20 Kingsley Yianomah Quartey
2018-03-20 Notice of appeal, (Book Form), Amended form 23B required (received 2018-04-04)., Completed on: 2018-04-12 Kingsley Yianomah Quartey