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Case information

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32321

Michael Connors v. Her Majesty the Queen

(Newfoundland & Labrador) (Criminal) (By Leave)

Docket

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

List of proceedings
Date Proceeding Filed By
(if applicable)
2008-03-28 Close file on Leave
2008-03-25 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2008-03-25 Judgment on leave sent to the parties
2008-03-20 Judgment of the Court on the application for leave to appeal, The application for an extension of time is granted and the application for leave to appeal from the judgment of the Supreme Court of Newfoundland and Labrador - Court of Appeal, Number 06/51, 2007 NLCA 55, dated August 29, 2007, is dismissed.
Dismissed
2008-03-20 Decision on motion to extend time to file and /or serve the leave application
Granted
2008-02-18 Submission of motion to extend time to file and/ or serve the leave application, Ba Abe Cha
2008-02-18 All materials on application for leave submitted to the Judges, Ba Abe Cha
2008-01-28 Motion to extend the time to file and or serve the application for leave to appeal, Completed on: 2008-01-28 Michael Connors
2007-11-07 Respondent's response on the application for leave to appeal, Completed on: 2007-11-07 Her Majesty the Queen
2007-10-26 Correspondence received from, Mr. Geller dated Oct-25-07 re: service Michael Connors
2007-10-25 Letter acknowledging receipt of an incomplete application for leave to appeal
2007-10-22 Book of authorities Michael Connors
2007-10-22 Application for leave to appeal, Volumes 1-2 (AMENDED volumes 1-2 filed on Jan-28-08), Completed on: 2007-10-25 Michael Connors

Parties

Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.

Main parties

Main parties - Appellants
Name Role Status
Connors, Michael Applicant Active

v.

Main parties - Respondents
Name Role Status
Her Majesty the Queen Respondent Active

Counsel

Party: Connors, Michael

Counsel
Name
Derek J. Hogan
Contact information
The Newfoundland Legal Aid Commission
2 Steers Cove
PO Box 399, Stn. C
St. John's, Newfoundland & Labrador
A1C 5J9
Telephone: (709) 753-7860
FAX: (709) 753-6226
Agent
Name
Harold Geller
Contact information
Milton, Geller
700 - 225 Metcalfe St.
Ottawa, Ontario
K2P 1P9
Telephone: (613) 567-7824
FAX: (613) 567-4689
Email: hgeller@miltongeller.com

Party: Her Majesty the Queen

Counsel
Name
Stephen R. Dawson
Contact information
Attorney General of Newfoundland and Labrador
4th Floor, Atlantic Place
215 Water Street
St. John's, Newfoundland & Labrador
A1B 6C9
Telephone: (709) 729-6885
FAX: (709) 729-1135
Email: stephendawson@gov.nl.ca
Agent
Name
Robert E. Houston, Q.C.
Contact information
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

Summary

Keywords

None.

Summary

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 - Charge to jury - Parties to offence - Whether instructions to the jury on s. 21 of the Criminal Code were proper when the trial judge only instructed the jury that the accused was liable as a co-principal or secondary offender for first degree murder -Whether instructions to the jury on s. 21(1)(b) of the Criminal Code were proper when the trial judge instructed the jury that the accused could be guilty by an act of omission.

Early in the morning hours of January 5, 2003, Reginald Harris and Stephanie Marsh were attacked with blunt force trauma blows to their head as they sat at a table in Harris’ home. Harris died and Marsh suffered life threatening skull fractures. Harris’ home was set on fire. The Applicant and Danny Cooper were charged with first degree murder, attempted murder, arson and robbery. Stephanie Marsh testified that Danny Cooper and an unknown assailant had been in Harris’ home and the unknown assailant had attacked Harris. She did not know which man struck her head. She did not identify the Applicant as the assailant. Danny Cooper testified that he and the Applicant were in the home with intent to rob Harris and that the Applicant struck the blows. Danny Cooper was tried separately.

Lower court rulings

December 8, 2005
Supreme Court of Newfoundland & Labrador, Trial Division

200501T8597

see file / voir dossier

August 29, 2007
Supreme Court of Newfoundland and Labrador - Court of Appeal

06/51, 2007 NLCA 55

see file / voir dossier

Filed documents

The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.

Downloadable PDFs

Not available

The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.

Downloadable PDFs

Not available

The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.

Downloadable PDFs

Not available

Webcasts

Not available.

Date modified: 2025-02-27