What areas of incompetence of counsel have been identified by the Court of Appeal in the context of a sexual assault case?

Ontario, Canada

The following excerpt is from R. v. Z.K., 2018 ONSC 5885 (CanLII):

Some of the claimed areas of incompetence of counsel are: a. she did not understand R. v. W.D. and how it applied; b. she conducted no research into the offense; c. she developed a theory of the case that was bound to fail; d. this was her first trial; e. she did not understand the law of evidence; f. she did not disclose her inexperience and obtain instructions to proceed; g. she did not follow clients instructions to obtain a surveillance video; h. she did not apply for a directed verdict which “surely would have been a successful directed verdict.”; i. she gave bad advice; j. she did not reduced to writing her advice to the client and the client’s instructions concerning his testifying; k. she was incompetent in her cross examination; l. she did not lay the proper foundation for a challenge based on Browne v. Dunne; m. she disclosed privileged communications; and, n. she made submissions for which she had called no evidence.

Other Questions

What is the impact of the Court of Appeal's ruling in cases involving sexual assault cases? (Ontario, Canada)
How have courts interpreted the rule in the context of dismissal of a complainant in a sexual assault case? (Ontario, Canada)
How has the Court treated sexual assault and indecent assault cases? (Ontario, Canada)
In the context of the Divorce Act, what are some cases where the Court of Appeal has considered the meaning of notice in a family law context? (Ontario, Canada)
What is the current sentencing range for an assault where the accused has pleaded guilty to a charge of assault, assault and sexual assault? (Ontario, Canada)
In what circumstances will a court sentence an offender who sexually assaulted a 15 year old girl who was sexually assaulted by friends of her parents who plied her victim with alcohol? (Ontario, Canada)
What are some cases where the Court of Appeal has found that a decision made by a party not to appeal against a decision not to grant leave to appeal is invalid? (Ontario, Canada)
What is the appropriate sentence for a sexual assault case where the accused assaulted a 16 year old girl? (Ontario, Canada)
What is the appropriate sentence for a conviction of sexual interference in a sexual assault case? (Ontario, Canada)
What is the test for obtaining medical records and sexual activity records in a sexual assault case? (Ontario, Canada)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.