Her Majesty the Queen v. Oswald Oliver Villaroman

(Alberta) (Criminal) (By Leave)


Criminal law - Evidence, Offences, Elements of offence.


Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

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.