Case information
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40578
William Imona-Russell v. His Majesty the King
(Ontario) (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) |
|---|---|---|
| 2023-07-10 | Close file on Leave | |
| 2023-06-29 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-06-29 | Judgment on leave sent to the parties | |
| 2023-06-29 |
Decision on motion to extend time to file and /or serve the leave application, The motion for an extension of time to serve and file the application for leave to appeal is dismissed. In any event, had the motion for an extension of time been granted, the application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C53272, 2018 ONCA 590, dated June 27, 2018, would have been dismissed. Dismissed |
|
| 2023-05-15 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-05-15 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2023-03-21 | Affidavit | William Imona-Russell |
| 2023-02-27 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2023-03-01) | His Majesty the King |
| 2023-02-27 | Response to the motion to extend the time to file and / or serve the leave application, (Book Form), (Included in the respondent's response on the application for leave to appeal), Completed on: 2023-03-02, (Printed version due on 2023-03-06) | His Majesty the King |
| 2023-02-27 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2023-03-02, (Printed version filed on 2023-03-01) | His Majesty the King |
| 2023-01-30 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2023-01-30 | |
| 2023-01-26 | Affidavit, (Letter Form), (Printed version due on 2023-02-02) | William Imona-Russell |
| 2023-01-26 | Certificate (on limitations to public access), (Letter Form), 23A | William Imona-Russell |
| 2023-01-26 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), (Included in the application for leave to appeal), Completed on: 2023-01-30, (Printed version filed on 2023-01-26) | William Imona-Russell |
| 2023-01-26 | Application for leave to appeal, (Book Form), Completed on: 2023-01-26, (Printed version filed on 2023-01-26) | William Imona-Russell |
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 |
|---|---|---|
| Imona-Russell, William | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Imona-Russell, William
Counsel
Jessica Zita
100-102 Atlantic Avenue
Toronto, Ontario
M6P 1X9
Telephone: (416) 613-0416
FAX: (416) 613-8746
Email: jlockyer@lzzdefence.ca
Agent
2600 - 160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 563-9869
Email: matthew.estabrooks@gowlingwlg.com
Party: His Majesty the King
Counsel
720 Bay Street
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: Leslie.Paine@ontario.ca
Summary
Keywords
Criminal law — Classification of murder — When the classification of a murder as first degree murder depends on s. 231(5) of the Criminal Code, must the underlying offence include an element of domination by the accused?
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.
Mr. Imona-Russell had sexual contact with a woman and stabbed her fatally with a pair of scissors. He was charged with murder. Mr. Imona-Russell is HIV positive and did not use a condom. The Crown submitted to the jury at trial that Mr. Imona-Russell used threats or violence to overcome resistance to sexual contact and then killed his victim as part of the same single transaction therefore the murder is first degree. Mr. Imona-Russell testified that they had consensual sexual intercourse after which the victim criticized his performance which caused him to stab her in an angry frenzy. The Crown submitted to the jury that if things happened as Mr. Imona-Russell testified, the murder would be first degree because Mr. Imona-Russell did not disclose to his victim that he was HIV positive and any consent was vitiated by fraud. The jury convicted Mr. Imona-Russell of first degree murder. The Court of Appeal dismissed an appeal.
Lower court rulings
Ontario Superior Court of Justice
036/07
Conviction by jury of first degree murder
Court of Appeal for Ontario
2018 ONCA 590, C53272
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 613‑996‑7933 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
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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 613‑996‑7933 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
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 613‑996‑7933 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