CASES, MEDIA AND SELECTED COMMENTARY.

REPRESENTATIVE WORK

Robbery convictions overturned due to misapprehension of evidence by the trial judge: R. v. Ali, 2023 ONCA 411

First-degree murder conviction overturned and new trial ordered due to errors in jury instructions that improperly linked verdicts on separate counts and failed to leave included offences for consideration: R. v. Pan, 2023 ONCA 362

Additional credit for pre-sentence custody granted: R. v. Khansaiyasith, 2023 ONCA 318.

Court of Appeal overturns adult sentences for young persons found guilty of murder and imposes youth sentences with intensive rehabilitative custody and supervision: R. v. M.W., 2017 ONCA 22 (Crown application for leave to appeal to the Supreme Court of Canada dismissed: SCC Case No. 37480)

Firearms and robbery convictions overturned due to errors in jury instructions relating to party liability: R. v. Kennedy, 2016 ONCA 879

Crown appeal dismissed as Court of Appeal holds that review board did not owe Crown a common law duty of procedural fairness prior to adding privileges to proposed disposition: Re Kachkar, 2014 ONCA 250

Intervention on behalf of the Criminal Lawyers' Association in appeal relating to the co-conspirators hearsay exception: R. v. Puddicombe, 2013 ONCA 506

Firearms convictions overturned and new trial ordered due to errors in relation to evidence of good character, bad character and narrative: R. v. Tash, 2013 ONCA 380

Murder conviction overturned and new trial ordered due to errors in jury instructions relating to hearsay and post-offence conduct: R. v. Martin, 2013 ONCA 21

Surrender order quashed as Court of Appeal holds that Minister of Justice must consider Gladue principles in deciding whether to extradite aboriginal Canadians: United States v. Leonard, 2012 ONCA 622 (Crown application for leave to appeal to the Supreme Court of Canada dismissed: SCC Case No. 35136)

Murder conviction overturned and new trial ordered due to improper jury exhortation: R. v. Vivian, 2012 ONCA 324

Murder conviction overturned and new trial ordered due to errors in jury instructions relating to "thin skull" principle and "common sense inference" on intent: R. v. Pittman, 2011 ONCA 148

Conspiracy and trafficking convictions overturned and new trial ordered due to errors in jury instructions on co-conspirators hearsay exception and party liability: R. v. Bogiatzis, 2010 ONCA 902

Young person acquitted of manslaughter in high-profile shooting: R. v. G.C., 2010 ONSC 178

Crown decision to require young person to be tried by jury set aside as an abuse of process: R. v. G.C., 2010 ONSC 115

Hearsay statements of convicted murderer excluded from young person's trial: R. v. G.C., 2009 CanLII 69333 (ON SC)

Sexual assault conviction overturned and new trial ordered due to trial judge misapprehending evidence and improperly taking judicial notice of matter not in evidence: R. v. Perkins, 2007 ONCA 585

PUBLICATIONS & PRESENTATIONS

Moore, Timothy E., Peter Copeland and Regina A. Schuller.  “Deceit, Betrayal and the Search for Truth:  Legal and Psychological Perspectives on the ‘Mr. Big’ Strategy” (2009), 55 Crim. L.Q. 348. This paper was cited by the Supreme Court of Canada in its landmark ruling in R. v. Hart, 2014 SCC 52, in which a new common law exclusionary rule was developed to address concerns arising from the "Mr. Big" investigative technique.

"Search and Seizure: Computer Searches and Electronic Devices", Justice of the Peace Fall Conference, October 2011

"Getting Off the Record", Law Society of Upper Canada, Commute to Court Series, September 2011

"Facilitation Made Easy: Internet Luring and the New Frontier of Inchoate Liability", Law Society of Upper Canada, Six-Minute Criminal Defence Lawyer, April 2011

The Law and Youth Workshop, University of Toronto, February 2011

The Law and Youth Workshop, University of Toronto, February 2010

"Eliciting Truth by Telling Lies: The Reliability of the Reid Technique and the 'Mr. Big' Scenario", Osgoode Professional Development, New Perspectives on the Reliability of Evidence in Criminal Proceedings, December 2009

Constitutionality of Stunt Driving Provisions, Law Society of Upper Canada, Six-Minute Criminal Defence Lawyer, May 2009

"Races, Stunts and Challenges: On the Validity of the Stunt Driving Regulations", Criminal Lawyers' Association Spring Conference, May 2009

"The 'Big' Picture: An Overview of Issues Relating to the 'Mr. Big' Investigative Technique", Criminal Lawyers' Association Fall Conference, November 2008

Special Cross-Discipline Panel Discussion: Testifying as the Warrant Affiant, Osgoode Professional Development, Drafting and Reviewing Search Warrants, October 2008

"Throwing it in Reverse: R. v. Beatty and the Supreme Court's Retreat from the Narrow Application of the Hundal Standard of Objective Mens Rea", Law Society of Upper Canada, Six-Minute Criminal Defence Lawyer, May 2008