R v Lugela, 2020 ABCA 348

"...application of the excited utterance, spontaneous declaration, or, as it is sometimes called, the res gestae doctrine. See R v Lugela, 2020 ABCA 348 at paras 34-35, 39-40. However, it was clear that even were it found that Cst. Lush accurately heard and recalled what Ms. Hart said, there wa..."

"...intoxication as a mitigating factor. In his reasons for conviction (R v Lugela, 2019 ABQB 128; appeal dismissed R v Lugela, 2020 ABCA 348) the trial judge rejected the Appellant’s defence that he was in a state of “advanced” intoxication at the time he murdered Mylan Hi..."

"...court to parse the evidence of certain witnesses. The trial judge is required to consider the totality of the evidence: see R v Lugela, 2020 ABCA 348. Here, the trial judge considered the Appellant's evidence and the complainant's evidence alongside the video footage and based on the totali..."

"...See also, for example, cases on identification such as R v Cardinal, 2010 ABPC 175, R v Lugela, 2020 ABCA 348, R v Letendre, 2019 ABCA 179, and R v McKee, 2015 ABPC 166. Decision [48]           Accordingly, after considering all the evidence..."

"...a verdict must consider the evidence in its totality rather than in a piecemeal fashion: R v Anny, 2021 ABCA 394 at para 57; R v Lugela, 2020 ABCA 348 at para [32]           The consideration and application of Villaroman does not arise when..."

"...Khelawon , 2006 SCC 57. 71 R v Bradshaw , 2017 SCC 35. Hearsay principles are discussed in greater detail in Chapte r 6. 72 R v Lugela , 2020 ABCA 348 at paras 32-39, 48. As noted by the Court in Lugela at paras 42-48, where the witness is available and cooperative, resort to hearsay admiss..."

"...171 Lucier , R v , [1982] 1 SCR 28 ..................................................... 200 Lugela , R v , 2020 ABCA 348 ................................................ 622, 623 Luk , R v , 2016 BCCA 403 ....................................................... 364 Lukacko , R v , 2002 CanL..."

"...Khelawon , 2006 SCC 57. 71 R v Bradshaw , 2017 SCC 35. Hearsay principles are discussed in greater detail in Chapte r 6. 72 R v Lugela , 2020 ABCA 348 at paras 32-39, 48. As noted by the Court in Lugela at paras 42-48, where the witness is available and cooperative, resort to hearsay admiss..."

"...171 Lucier , R v , [1982] 1 SCR 28 ..................................................... 200 Lugela , R v , 2020 ABCA 348 ................................................ 622, 623 Luk , R v , 2016 BCCA 403 ....................................................... 364 Lukacko , R v , 2002 CanL..."

"...application of the excited utterance, spontaneous declaration, or, as it is sometimes called, the res gestae doctrine. See R v Lugela, 2020 ABCA 348 at paras 34-35, 39-40. However, it was clear that even were it found that Cst. Lush accurately heard and recalled what Ms. Hart said, there wa..."

"...intoxication as a mitigating factor. In his reasons for conviction (R v Lugela, 2019 ABQB 128; appeal dismissed R v Lugela, 2020 ABCA 348) the trial judge rejected the Appellant’s defence that he was in a state of “advanced” intoxication at the time he murdered Mylan Hi..."

"...court to parse the evidence of certain witnesses. The trial judge is required to consider the totality of the evidence: see R v Lugela, 2020 ABCA 348. Here, the trial judge considered the Appellant's evidence and the complainant's evidence alongside the video footage and based on the totali..."

"...See also, for example, cases on identification such as R v Cardinal, 2010 ABPC 175, R v Lugela, 2020 ABCA 348, R v Letendre, 2019 ABCA 179, and R v McKee, 2015 ABPC 166. Decision [48]           Accordingly, after considering all the evidence..."

"...a verdict must consider the evidence in its totality rather than in a piecemeal fashion: R v Anny, 2021 ABCA 394 at para 57; R v Lugela, 2020 ABCA 348 at para [32]           The consideration and application of Villaroman does not arise when..."