APPROVED SCREENING DEVICE - CONVICTION UPHELD - FORTHWITH

The June 20, 2015 blog entry reviewed a case where an acquittal was upheld due a "forthwith" issue.  For a case where a conviction was upheld on appeal regarding a forthwith issue, refer to R. v. Mohamed, 2015 ONCA 335. In that case the court noted that what amounts to a demand being made "forthwith" is not so much a question of law, but instead is "a fact-specific inquiry that, in all likelihood, does not raise a question of law alone."