R. v. Cowan

R. v. Cowan

The trial judge misdirected himself by requiring the Crown to prove the identity of specific principals before convicting for abetting or counselling; that legal error had a material bearing on the acquittal; the acquittal was set aside and a full new trial on the armed robbery charge ordered; appellate courts lack authority under s.686(8) to prospectively limit a retrial to a single theory of liability where the modes are alternative ways of committing the same offence; issue estoppel did not bar relitigation because the acquittal was set aside in full.

Citation
2021 SCC 45
Parties
Appellant/respondent: Jason William Cowan; Respondent/appellant: Her Majesty The Queen
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
5 November 2021
Procedural Posture
Criminal Appeal / Supreme Court of Canada Judgment on Appeal From Saskatchewan Court of Appeal
Outcome
Appeal by Cowan dismissed; Crown appeal allowed in part; acquittal set aside and full new trial on armed robbery ordered; Court of Appeal’s limitation of retrial to party liability set aside.
Legal Topics
Abetting, Counselling, Party Liability, Principal Liability, Appeals and Powers of Court of Appeal, Issue Estoppel, New Trial, Section 686(8) Criminal Code
Source Language
English
Criminal Law Abetting Counselling Party Liability Principal Liability Appeals and Powers of Court of Appeal Issue Estoppel New Trial +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 6 Authorities cited 15 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Jason William Cowan

Appellant/respondent

Her Majesty The Queen

Respondent/appellant

Procedural Posture

Criminal Appeal / Supreme Court of Canada Judgment on Appeal From Saskatchewan Court of Appeal

Legal Issues

  1. 1 Whether the trial judge erred in assessing accused’s liability as a party on the basis of abetting or counselling
  2. 2 Whether any legal error had a material bearing on the acquittal such that a new trial was warranted
  3. 3 Whether the Court of Appeal erred in limiting the scope of the new trial to party liability

Ratio Decidendi

The trial judge misdirected himself by requiring the Crown to prove the identity of specific principals before convicting for abetting or counselling; that legal error had a material bearing on the acquittal; the acquittal was set aside and a full new trial on the armed robbery charge ordered; appellate courts lack authority under s.686(8) to prospectively limit a retrial to a single theory of liability where the modes are alternative ways of committing the same offence; issue estoppel did not bar relitigation because the acquittal was set aside in full.

Court Disposition

Appeal by Cowan dismissed; Crown appeal allowed in part; acquittal set aside and full new trial on armed robbery ordered; Court of Appeal’s limitation of retrial to party liability set aside.

Orders

  • Acquittal on armed robbery set aside
  • Full new trial ordered on the armed robbery charge