R v Simpson

canada, canadian, case law, court opinion, canlii, bcca, 2026bcca379, 2026 bcca 379 (canlii), 2026, bcca, 379, (canlii), ca50399, 2026, criminal and statutory offences, appeal, second degree murder, judge, alone trial conviction challenged, whether trial was unfair due to confrontation rule in cross, examination, credibility assessment of accused’s account of consensual choking and claimed intoxication, trial judge’s finding of intent beyond a reasonable doubt upheld, appeal dismissed, evidence, cross, examination, browne v dunn, confrontation principle and impeachment, did trial fairness require the crown to put its intoxication theory directly, r v lyttle, browne v dunn, r v quansah considered, credibility challenge not required to include formulaic allegation of lying, rule not engaged, appeal dismissed, procedure, trial fairness, remedy, whether trial judge had to alert parties to browne v dunn and solicit submissions, alleged failure to recognise and remedy confrontation, rule breach, court holds no breach or ambush arose on the record, no remedial steps required, appeal dismissed, evidence, credibility, notice, whether cross, examination disclosed the crown’s theory that the appellant was not to be believed, including on intoxication, indirect challenge through probing memory gaps and prior statement that he was “not a drinker”, mcdonald and ali applied, sufficient notice, no surprise, appeal dismissed