Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
40730
James McCullough 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) |
|---|---|---|
| 2023-08-25 | Close file on Leave | |
| 2023-08-24 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-08-24 | Judgment on leave sent to the parties | |
| 2023-08-24 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The motion to appoint counsel is dismissed. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C63642, 2021 ONCA 71, dated February 3, 2021, is dismissed. Dismissed |
|
| 2023-08-24 |
Decision on the motion to appoint counsel, See decision on application Dismissed |
|
| 2023-08-24 |
Decision on motion to extend time to file and /or serve the leave application, See decision on application Granted |
|
| 2023-07-17 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-07-17 | Submission of motion to appoint counsel, for consideration by the Court | |
| 2023-07-17 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2023-06-12 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2023-06-12 | James McCullough |
| 2023-06-07 | Certificate (on limitations to public access), Public access to information form | James McCullough |
| 2023-06-07 |
Correspondence received from, filing of required documents |
James McCullough |
| 2023-06-01 | Certificate (on limitations to public access), 23A | His Majesty the King |
| 2023-06-01 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2023-06-02, (Printed version filed on 2023-06-02) | His Majesty the King |
| 2023-05-29 | Correspondence received from | James McCullough |
| 2023-05-26 | Correspondence received from, Applicant confirmed reception of file opening letter and is working on obtaining the required missing documents. | James McCullough |
| 2023-05-12 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED 2023-05-12 | |
| 2023-04-03 | Motion to appoint counsel, (Book Form), Completed on: 2023-05-12 | James McCullough |
| 2023-04-03 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2023-05-12 | James McCullough |
| 2023-04-03 |
Application for leave to appeal, (Book Form), REQUIRED: - CA Order - rec'd 2023-06-02 - TC order / indictment - rec'd 2023-06-02 - Public Access to information form - rec'd 2023-06-07, Completed on: 2023-06-09 |
James McCullough |
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 |
|---|---|---|
| McCullough, James | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: McCullough, James
This party is not represented by counsel.
Party: His Majesty the King
Counsel
Crown Law Office - Criminal
720 Bay Street, 10th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: elise.nakelsky@ontario.ca
Summary
Keywords
Criminal law — Evidence — After-the-fact conduct — Whether the trial judge properly instructed the jury on the applicant’s after-the-fact conduct and discreditable conduct evidence —Whether the Court of Appeal erred in law?
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.
The applicant admitted to stabbing the victim and dismembering the victim’s body. The applicant testified that the stabbing was a reaction to an unexpected sexual advance and it was not planned or deliberate. The trial judge admitted evidence of rap lyrics by the applicant and statements to a psychiatric nurse suggesting a desire to commit cannibalism. The Crown referred to the applicant’s post-offence conduct of dismembering the victim, cleaning the hotel room, attempting to dispose of the body, lying to the police and remaining calm the day after. After a trial by judge and jury, the applicant was convicted of first-degree murder and committing an indignity to a human body. The conviction appeal was dismissed.
Lower court rulings
Ontario Superior Court of Justice
11653
Convictions entered: first-degree murder and committing an indignity to a human body
Court of Appeal for Ontario
2021 ONCA 71, C63642
Appeal dismissed
Memorandums of argument on application for leave to appeal
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 filing 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
Factums on appeal
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