R v Hermkens, 2021 ABQB 1016

"...of planning and deliberation may overlap with evidence of intent: R v Aalders, [1993] 2 SCR 482, 504, 82 CCC (3d) 215; R v Hermkens, 2021 ABQB 1016, para 1050; R v Howard, [1989] 1 SCR 1337, 1361, 48 CCC (3d) 38, L'Heureux-Dubé J (in dissent but not on this point). While trial judges must t..."

"...CanLII 71203 (SCC) must be considered. [177]       As summarized in R v Hermkens, 2021 ABQB 1016 at para 12, this line of cases confirms ... [t]he burden of proof is on the Crown to establish the accused’s guilt beyond a reasonable do..."

"...exculpatory evidence) cannot be taken as proof of the accused's guilt. (See also R v Bennett, 2021 ABQB 206 at para 14; R v Hermkens, 2021 ABQB 1016 at para 12) 9 All exculpatory evidence – from all sources of evidence - must be considered within this analytical rubric. The trier of fact ma..."

"...and R v Achuil, 2019 ABCA 299, leave to appeal dismissed 2020 CanLII 71203 (SCC) must be considered. 177 As summarized in R v Hermkens, 2021 ABQB 1016 at para 12, this line of cases confirms that: … [t]he burden of proof is on the Crown to establish the accused's guilt beyond a ..."

"...299, leave to appeal dismissed 2020 CanLII 71203 (SCC). These principles were helpfully summarized by Renke J in R v Hermkens, 2021 ABQB 1016 at paras 12 – 18, as follows: 1.      The burden of proof is on the Crown to establish ..."

"...of planning and deliberation may overlap with evidence of intent: R v Aalders, [1993] 2 SCR 482, 504, 82 CCC (3d) 215; R v Hermkens, 2021 ABQB 1016, para 1050; R v Howard, [1989] 1 SCR 1337, 1361, 48 CCC (3d) 38, L'Heureux-Dubé J (in dissent but not on this point). While trial judges must t..."

"...CanLII 71203 (SCC) must be considered. [177]       As summarized in R v Hermkens, 2021 ABQB 1016 at para 12, this line of cases confirms ... [t]he burden of proof is on the Crown to establish the accused’s guilt beyond a reasonable do..."

"...exculpatory evidence) cannot be taken as proof of the accused's guilt. (See also R v Bennett, 2021 ABQB 206 at para 14; R v Hermkens, 2021 ABQB 1016 at para 12) 9 All exculpatory evidence – from all sources of evidence - must be considered within this analytical rubric. The trier of fact ma..."

"...and R v Achuil, 2019 ABCA 299, leave to appeal dismissed 2020 CanLII 71203 (SCC) must be considered. 177 As summarized in R v Hermkens, 2021 ABQB 1016 at para 12, this line of cases confirms that: … [t]he burden of proof is on the Crown to establish the accused's guilt beyond a ..."

"...299, leave to appeal dismissed 2020 CanLII 71203 (SCC). These principles were helpfully summarized by Renke J in R v Hermkens, 2021 ABQB 1016 at paras 12 – 18, as follows: 1.      The burden of proof is on the Crown to establish ..."