Case information
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36286
Frank Antoine Joseph v. Her Majesty the Queen
(Quebec) (Criminal) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2015-06-24 | Close file on Leave | |
| 2015-06-19 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2015-06-19 | Judgment on leave sent to the parties | |
| 2015-06-18 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montreal), Number 500-10-005239-122, 2014 QCCA 2232, dated December 2, 2014, is dismissed. Dismissed |
|
| 2015-05-19 | All materials on application for leave submitted to the Judges, Abe Ka Côt | |
| 2015-02-20 | Certificate (on limitations to public access) | Her Majesty the Queen |
| 2015-02-20 | Respondent's response on the application for leave to appeal, Completed on: 2015-02-20 | Her Majesty the Queen |
| 2015-02-03 | Letter acknowledging receipt of a complete application for leave to appeal, File opened on 2015-02-03 | |
| 2015-02-02 | Certificate (on limitations to public access) | Frank Antoine Joseph |
| 2015-02-02 | Book of authorities | Frank Antoine Joseph |
| 2015-02-02 | Application for leave to appeal, Amended notice filed on 2015-02-02 (2 volumes), Completed on: 2015-02-02 | Frank Antoine Joseph |
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
| Name | Role | Status |
|---|---|---|
| Joseph, Frank Antoine | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Joseph, Frank Antoine
Counsel
83, rue St-Paul Ouest
Montréal, Quebec
H2Y 1Z1
Telephone: (514) 608-4431
FAX: (514) 842-8055
Email: rita_magloe.francis@hotmail.com
Party: Her Majesty the Queen
Counsel
1 Notre-Dame Street East
Office 4.100
Montreal, Quebec
H2Y 1B6
Telephone: (514) 393-2703 Ext: 52082
FAX: (514) 873-9895
Email: dennis.galiatsatos@dpcp.gouv.qc.ca
Agent
17, rue Laurier
Bureau 1.230
Gatineau, Quebec
J8X 4C1
Telephone: (819) 776-8111 Ext: 60416
FAX: (819) 772-3986
Email: jean.campeau@dpcp.gouv.qc.ca
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 – First degree murder – Charge to jury – Reasonable verdict – Identification evidence – Whether jury adequately instructed on identification evidence – Whether verdict unreasonable.
The applicant, Mr. Joseph, was convicted of first degree murder. While the victim was sitting outside with some friends, an individual approached to about 10 metres away, put on gloves, greeted the victim, took out a sawed off shotgun, shot the victim in the head and fled. The shooter’s identity was a key issue for the outcome of the trial. The jury was satisfied from the identification evidence, the testimony on the facts and the evidence relating to cell phone calls that Mr. Joseph had committed the crime. On appeal, Mr. Joseph argued that the trial judge had inadequately instructed the jury on the dangers of identification evidence and that the verdict was unreasonable. The Court of Appeal dismissed the appeal.
Lower court rulings
Superior Court of Quebec
500-01-025155-091
Applicant convicted of first degree murder
Court of Appeal of Quebec (Montréal)
2014 QCCA 2232, 500-10-005239-122
Appeal dismissed
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 613-996-8666 or at 1-844-365-9662.
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
Related links
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 613-996-8666 or at 1-844-365-9662.
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
Related links
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 613-996-8666 or at 1-844-365-9662.
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