Andrew Donald Gulliver v. Her Majesty the Queen
(Alberta) (Criminal) (As of Right)
(Publication ban in case)
Criminal law - Trial, Reasons for judgment, Evidence, Disclosure - Criminal law – Trial – Judgments – Reasons for judgment – Sufficiency of reasons – Evidence – Disclosure – Whether the trial judge failed to provide sufficient reasons to explain his decision, particularly with regard to the credibility of the complainant and the accused – Whether the trial judge erred by drawing an adverse inference in relation to the purported late disclosure of alibi evidence.
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The appellant was convicted of seven criminal charges following a chain of events commencing with the assault and sexual assault of the complainant and ending in a six-hour police standoff. The appellant appealed his conviction, arguing that the trial judge failed to apply the final stage of the analysis set out in R. v. W.(D.),  1 S.C.R. 742, that the trial judge inappropriately drew an adverse inference based on the late disclosure of an alibi, and that the trial judge failed to provide sufficient reasons to explain his decision, particularly on the central issue of credibility. The majority in the Court of Appeal dismissed the appeal. Berger J.A., dissenting, would have allowed the appeal as to five of the seven counts, quashed the convictions and ordered a new trial. He was of the view that the foundations of the trial judge’s reasons were inadequately or erroneously canvassed and, in some instances, unascertainable.
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