Someone Knows Something - CBC
Podcast By David Ridgen, an award-winning filmmaker


Sign The Petition!

Help find Sheryl Sheppard

Author Topic: Richard (Dick) Oland | Murdered | 69 | Saint John  (Read 291622 times)

BaySailor

  • Member
  • Posts: 245
    • View Profile
Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1680 on: July 13, 2017, 02:44:50 PM »
Dennis Oland has been granted a new trial by Supreme Court of Canada. His lawyers asked for an acquittal, and the prosecution asked for his conviction to be reinstated.

http://www.cbc.ca/news/canada/new-brunswick/dennis-oland-supreme-court-decision-appeal-murder-1.4176092

thanks for that. Officially it's the NB Court of Appeal that granted the new trial- the Supreme Court of Canada by not hearing the appeals lets that decision continue to stand.




I wonder when  that will be? The NB government is broke, and this would be an expensive retrial. Any chance the crown doesn't proceed?

Thanks BaySailor. If there is one thing I am consistent about--it's screwing up the various courts of justice.   ;D

As for your questions, the following is taken from the above link.

"Although the Crown is not obligated to pursue the new trial ordered by the Court of Appeal, it "absolutely" will be, said LaBonté.

A date for the new trial will now be scheduled in New Brunswick's Court of Queen's Bench, likely for sometime in 2018."

thanks. And apparently the crown wants a jury trial again. I can't wait!   

jellybean

  • Member
  • Posts: 7805
  • Tired of Crime not doing their time
    • View Profile
Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1681 on: July 13, 2017, 05:32:10 PM »
This time around, who has the choice? Re; by judge or jury? Prosecution or Defendant?

jb

BaySailor

  • Member
  • Posts: 245
    • View Profile
Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1682 on: July 13, 2017, 07:22:40 PM »
This time around, who has the choice? Re; by judge or jury? Prosecution or Defendant?

jb


The Criminal Code stipulates all homicide cases are to be heard by a judge and jury, but the defence or Crown can request a judge-alone trial. The other party must consent and its decision cannot be appealed.

Apparently the Crown wouldn't accede to that, at least at this point.     
« Last Edit: July 13, 2017, 07:38:10 PM by BaySailor »

jellybean

  • Member
  • Posts: 7805
  • Tired of Crime not doing their time
    • View Profile
Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1683 on: July 13, 2017, 10:38:03 PM »
Quote
but the defence or Crown can request a judge-alone trial. The other party must consent and its decision cannot be appealed.

Who gets the request (who goes first?} Would it go to whomever files the request first? ie - by judge.

JB

Have faith

  • Member
  • Posts: 932
    • View Profile
Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1684 on: July 14, 2017, 06:13:13 PM »
Quote
but the defence or Crown can request a judge-alone trial. The other party must consent and its decision cannot be appealed.

Who gets the request (who goes first?} Would it go to whomever files the request first? ie - by judge.

JB

I don't think it matters who requests a trial by either judge or jury jb. Both sides have to agree or it doesn't happen.

It seems obvious to me, that the Crown wants another trial by jury, since they got a guilty verdict in the first jury trial. Broke or not--and good luck finding an impartial jury! If I was to guess, I think Dennis might have a better chance with a judge, due to the legal interpretation of "guilty beyond a reasonable doubt".  JMO


jellybean

  • Member
  • Posts: 7805
  • Tired of Crime not doing their time
    • View Profile
Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1685 on: July 15, 2017, 04:26:26 PM »
Quote
I don't think it matters who requests a trial by either judge or jury jb. Both sides have to agree or it doesn't happen.

Well, the trick to get out of another trial, is to not agree..... and go free?

er.... Something is not making sense.... I think I am missing something.
Am wearing my "stupid hat" today.

jb

BaySailor

  • Member
  • Posts: 245
    • View Profile
Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1686 on: July 16, 2017, 12:46:05 AM »
Quote
I don't think it matters who requests a trial by either judge or jury jb. Both sides have to agree or it doesn't happen.

Well, the trick to get out of another trial, is to not agree..... and go free?

er.... Something is not making sense.... I think I am missing something.
Am wearing my "stupid hat" today.

jb

It will be by jury unless crown, defence, and judge agree otherwise. If the defence wants a judge only trial and the others don't agree, too bad for the defence. It proceeds as a jury trial.

jellybean

  • Member
  • Posts: 7805
  • Tired of Crime not doing their time
    • View Profile
Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1687 on: July 16, 2017, 11:32:14 PM »
Thanks Bay Sailor.  -  I  agree that  D. might want trial by judge. He did not have much luck with jury.

Is this trial still "the talk of the town"? -  Or has it been hushed down?

jb
« Last Edit: July 16, 2017, 11:37:39 PM by jellybean »