November 17th, 2017 Update
Ski resort charged with strict liability offences in relation to cutting down endangered pine trees. S. 11(b) application. Defence argued a plea could not be entered until DNA test results regarding species of tree were disclosed. Transitional case. Held: no 11(b) breach. As per JEK, 2016 ABCA 171, “[w]here an accused asserts a disclosure delay, … Read More.
Young person applied for a s. 24(1) Charter stay on the basis of 25 months of pre-charge delay. Allegations of sexual assault were initially made in 2014, but police closed the file without laying charges. In 2016, a different Detective reviewed the file and laid a charge, though there was no new evidence since the … Read More.
November 8th, 2017 Update
Appellant was convicted at trial of a number of offences including 3 convenience store robberies and one liquor store robbery that took place within a 3-week period. Defence appeal from the 10-year global sentence imposed. Aggravating factors included the accused’s prior record, that he was on bail at the time, the sophisticated nature of the … Read More.
Defence appeal from a 5 year sentence on numerous charges including criminal flight and dangerous driving. Two incidents. The first involved a high-speed chase (up to 180 km/h) where the appellant drove on the wrong side of the road, ignored traffic signs, and was under the influence of drugs. Months later, the appellant ran a … Read More.
R v Farnsworth, 2017 Alberta (Edmonton) Court Of Appeal – Possession Of Vehicle By Fraud & Unreasonable Verdict
Appellant was convicted under s 355(a) CC of possessing a vehicle obtained by fraud. At trial, accused admitted through agreed statement of facts that he was in possession of the vehicle and keys twelve days after the vehicle had been fraudulently acquired from a car rental agency by a third party. Trial judge applied the … Read More.
Accused had been found guilty of second degree murder. Before the sentencing hearing, the accused was transferred from ERC to Alberta Hospital Edmonton [AHE] due to deterioration in his mental health. After 2 months at AHE, doctors assessed the accused as fit to stand trial. Alberta Health Services sought the accused’s return to ERC; Crown … Read More.
R v Herrmann, 2017 ABPC 254 per Semenuk, PCJ Impaired driving trial. Reasonable grounds issue. Accused was speeding, driving between two lanes, and made a turn from the wrong lane. When pulled over by police, the accused struck the curb. Indicia included a strong odor of alcoholic beverage coming from either the accused’s person … Read More.
Appeal from conviction on drug trafficking charges. 11(b) issue. Trial judge declined to grant a stay. Issue as to whether time taken for reserved judgments should count towards the presumptive ceiling for delay under the Jordan / Cody framework. Held: Appeal dismissed; no 11(b) breach. Question left open as to whether time for trial judge … Read More.
October 27th, 2017 Update
Application for a sentence review under s 94(1) YCJA. Accused originally convicted of manslaughter and was sentenced to 9 months secure, 3 months open custody and 1 year conditional supervision. Secure custody portion of the sentence had expired. Accused was now 20 years old. Original offence involved the accused participating in a group attack. Held: … Read More.
Accused pleaded guilty to aggravated assault. Stabbing outside of a bar in Medicine Hat. Accused attacked the complainant from behind and stabbed him in the back near the mid-line. Serious but not permanently life-altering injury caused. Largely unprovoked attack. Held: 20 months jail and 18 months probation. 32 year old accused with a relatively minor … Read More.