What is the test for leave to appeal against a conviction for sexual assault against an accused who has served his sentence?
Manitoba, Canada
The following excerpt is from R. v. Abdelhamid (W.A.), 2015 MBCA 35 (CanLII):
Because of the fact that the accused has served his sentence in full, I consider his seeking to appeal it a moot point and I would deny leave because of that. It is a long-established practice that, save for exceptional cases, a court will not hear a matter that is or has become moot. See Borowski v. Canada (Attorney General), 1989 CanLII 123 (SCC), [1989] 1 S.C.R. 342.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What are the consequences of the accused's conviction and sentence for possession of a firearm with intent and possession of ammunition while prohibited? (Manitoba, Canada)
What is the decisive ground of appeal in a sexual assault case where the trial judge failed to relate the evidence crucial to the defence to the issues to be decided by the jury? (Manitoba, Canada)
What is the range of damages for battery and sexual assault in a personal injury case? (Manitoba, Canada)
Can an impaired accused leave the headlights illuminated on his immobile vehicle to warn passing motorists of the obstruction? (Manitoba, Canada)
Does the Human Rights Appeal Court have concurrent jurisdiction with the Court of Appeal in a collective agreement dispute? (Manitoba, Canada)
What is the test for an amendment to the limitation period on sexual assault? (Manitoba, Canada)
What is the quantum of discipline for a lawyer found guilty of sexual assault? (Manitoba, Canada)
What is the credibility of witnesses at a sexual assault hearing? (Manitoba, Canada)
What is the test for granting adjournment in a sexual assault case? (Manitoba, Canada)
What is the case law on sexual assault and voyeurism? (Manitoba, Canada)
