Docket
35510
Eric Vokurka v. Her Majesty the Queen
(Newfoundland & Labrador) (Criminal) (As of Right)
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
Date | Proceeding | Filed By (if applicable) |
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2014-04-02 | Appeal closed | |
2014-04-02 | Transcript received, 23 pages | |
2014-03-24 | Formal judgment sent to the registrar of the court of appeal and all parties | |
2014-03-24 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
2014-03-21 | Judgment on the appeal rendered, LeB Abe Ro Mo Ka, The appeal from the judgment of the Supreme Court of Newfoundland and Labrador - Court of Appeal, Number 12/76, 2013 NLCA 51, dated August 5, 2013, was heard on March 21, 2014, and the Court on that day delivered the following judgment orally: ABELLA J. — The critical issue at trial was whether Mr. Vokurka intentionally inflicted the victim’s injuries. The majority in the Court of Appeal found that the trial judge’s findings of fact, inferences drawn from those facts, and the finding of guilt were reasonable. The dissenting judge was of the view that the trial judge erred in failing to adequately consider and explain why, in her view, the “equally plausible explanation” supporting the defence of accident was not accepted. We do not agree, and agree instead with the majority that the trial judge adequately explained why he rejected the possibility of accident and found that the charge was proved beyond a reasonable doubt. The trial judge set out the evidence of the victim’s statements, a doctor’s expert evidence about the nature of the wound, and the victim’s reaction to being cut, all of which led him clearly to the view that there was no “equally plausible explanation” for the cutting. He reviewed the relevant evidence and set out his reasons for concluding beyond a reasonable doubt that the injuries were intentionally inflicted. His inferences were reasonably supported by the evidence. Like the majority in the Court of Appeal, we see no error on his approach. It was not open to the dissenting judge, with respect, to reweigh the evidence by substituting her own view of it. The appeal is therefore dismissed. Dismissed |
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2014-03-21 | Hearing of the appeal, 2014-03-21, LeB Abe Ro Mo Ka Judgment rendered |
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2014-03-21 | Respondent's condensed book, (Book Form), Filed in Court | Her Majesty the Queen |
2014-03-17 | Notice of appearance, (Letter Form), Keir O'Flaherty and Bob Buckingham will be appearing | Eric Vokurka |
2014-02-18 | Notice of appearance, Iain R.W. Hollett will be appearing for the Appellant | Her Majesty the Queen |
2014-01-28 | Correspondence received from, Keir O'Flaherty, re.: Will be Counsel for the Appellant - Notice of change of solicitors rec'd 2014-03-17 | Eric Vokurka |
2014-01-28 | Appeal perfected for hearing | |
2014-01-27 | Respondent's book of authorities, (Book Form), Completed on: 2014-01-27 | Her Majesty the Queen |
2014-01-27 | Respondent's record, (Book Form), Completed on: 2014-01-27, (Electronic version filed on 2014-01-27) | Her Majesty the Queen |
2014-01-27 | Respondent's factum, (Book Form), Completed on: 2014-01-27, (Electronic version filed on 2014-01-27) | Her Majesty the Queen |
2013-11-26 | Notice of hearing sent to parties | |
2013-11-19 | Appeal hearing scheduled, 2014-03-21 Judgment rendered |
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2013-11-18 | Appellant's book of authorities, (Book Form), Completed on: 2013-11-18 | Eric Vokurka |
2013-11-18 | Appellant's record, (Book Form), 2 volumes, Completed on: 2013-11-18 | Eric Vokurka |
2013-11-18 | Appellant's factum, (Book Form), service missing (rec'd 2013-11-21), Completed on: 2013-11-21 | Eric Vokurka |
2013-10-15 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
2013-09-03 | Notice of appeal, CD request (rec'd 2013-10-17), Completed on: 2013-11-04 | Eric Vokurka |
- Date modified: