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.
34517
Robert Joseph Kociuk v. Her Majesty the Queen
(Manitoba) (Criminal) (As of Right)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2012-04-30 | Transcript received, (31 pages) | |
| 2012-04-20 | Appeal closed | |
| 2012-04-13 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2012-04-13 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2012-04-12 | Acknowledgement and consent for video taping of proceedings, All parties consented | |
| 2012-04-12 |
Judgment on the appeal rendered, CJ LeB F Abe Ro Mo Ka, The appeal from the judgment of the Court of Appeal of Manitoba, Number AR 10-30-07346, 2011 MBCA 85, dated October 21, 2011, was heard this day and the following judgment was rendered orally: THE CHIEF JUSTICE — We agree that the appeal should be dismissed for the reasons of the majority of the Court of Appeal of Manitoba. Dismissed, no order as to costs |
|
| 2012-04-12 |
Hearing of the appeal, 2012-04-12, CJ LeB F Abe Ro Mo Ka Judgment rendered |
|
| 2012-04-12 | Respondent's condensed book, Filed in Court | Her Majesty the Queen |
| 2012-04-12 | Appellant's condensed book, Filed in Court | Robert Joseph Kociuk |
| 2012-03-26 | Order on motion to extend time, (BY ABELLA J.) | |
| 2012-03-26 |
Decision on motion to extend time, Abe, UPON APPLICATION by the respondent, Her Majesty the Queen, for an order extending the time to serve and file their factum, record and book of authorities to March 16, 2012, and for an order pursuant to R. 71(3) permitting the respondent to present oral argument at the hearing of this appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
|
| 2012-03-26 | Submission of motion to extend time, Abe | |
| 2012-03-20 | Notice of appearance, Leonard Tailleur will be present at the hearing. | Robert Joseph Kociuk |
| 2012-03-19 | Notice of appearance, Ami Kotler will be present at the hearing. | Her Majesty the Queen |
| 2012-03-16 | Motion to extend time, to serve and file the respondent's appeal material to March 16/12 and for oral argument, Completed on: 2012-03-16 | Her Majesty the Queen |
| 2012-03-16 | Respondent's book of authorities, Completed on: 2012-03-16 | Her Majesty the Queen |
| 2012-03-16 | Respondent's record, (14 volumes), Completed on: 2012-03-16 | Her Majesty the Queen |
| 2012-03-16 | Respondent's factum, Completed on: 2012-03-16 | Her Majesty the Queen |
| 2012-03-16 | Correspondence received from, 1 reserved seat requested | Robert Joseph Kociuk |
| 2012-03-16 | Notice of appearance, Leonard Tailleur will be present at the hearing. | Robert Joseph Kociuk |
| 2012-03-13 | Appeal perfected for hearing | |
| 2012-03-09 | Notice of hearing sent to parties | |
| 2012-03-09 |
Appeal hearing scheduled, 2012-04-12 Judgment rendered |
|
| 2012-01-23 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2012-01-16 | Appellant's book of authorities, Completed on: 2012-01-16 | Robert Joseph Kociuk |
| 2012-01-16 | Appellant's factum, Completed on: 2012-01-16 | Robert Joseph Kociuk |
| 2011-12-21 | Appellant's record, (4 volumes), Completed on: 2011-12-21 | Robert Joseph Kociuk |
| 2011-11-01 | Notice of appeal, Amended notice rec'd on November 30, 2011, Completed on: 2011-11-01 | Robert Joseph Kociuk |
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 |
|---|---|---|
| Kociuk, Robert Joseph | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Kociuk, Robert Joseph
Counsel
514 St. Marie Avenue
Winnipeg, Manitoba
R3C 0N6
Telephone: (204) 985-9723
FAX: (204) 774-7504
Agent
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Party: Her Majesty the Queen
Counsel
Liz Thomson
510 - 405 Broadway
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 945-0833
FAX: (204) 945-1260
Email: ami.kotler@gov.mb.ca
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Summary
Keywords
None.
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.
Criminal law Charge to the jury Murder while committing sexual assault Elements of the offence Evidence Whether the trial judge erred by failing to properly and fairly relate the evidence to the elements of the offence Whether the trial judge must put to the jury all alternative bases of defence even where those alternatives are not stressed by trial counsel.
The appellant was charged and convicted of first degree murder under s. 231(5) of the Criminal Code, which deems murder that occurs while committing a sexual assault to be first degree murder irrespective of whether the murder was planned and deliberate. The victim’s body was discovered in a bush area and the autopsy revealed the cause of death to be multiple stab wounds, with evidence of recent sexual intercourse. This was a “cold case” murder from 1984 when DNA profiling was only in its experimental stage. Eventually, with the development of DNA profiling technology, a DNA analysis was conducted. The DNA matched that of the appellant. The appellant appealed his conviction. The majority of the Court of Appeal dismissed the appeal. Beard J.A., dissenting, would have allowed the appeal and ordered a new trial on the basis that the theory of the defence was not adequately put to the jury.
Lower court rulings
Court of Appeal of Manitoba
AR 10-30-07346, 2011 MBCA 85
See file
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
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