May 12th, 2017 Update
Appeal from 8 year sentence following a manslaughter conviction by a jury. Stabbing death. Trial judge found that the accused’s conduct fell into the highest category of blameworthiness set out in Laberge. Numerous Gladue factors present. Trial judge found that the Gladue factors did not affect the sentence to be imposed. Held: Appeal dismissed. 8 … Read More.
Accused was originally charged with second degree murder. Convicted at trial of manslaughter on the basis of provocation. Self-defence claim rejected at trial. Crown and defence appeals. Accused and victim were middle-aged men who had recently become neighbours. After a night of heavy drinking, the victim grabbed the accused and threatened to rape him and … Read More.
Impaired driving trial. When arrested at the roadside, and asked about calling a lawyer, accused responded: “not at this moment”. Police officer took this comment as unequivocal. Right to counsel not raised again throughout the investigation. Issue regarding implicit assertion and/or waiver. Held: No s. 10(b) breach. Henry, 2004 ABQB 440 (wherein the accused said … Read More.
Conviction appeal on second degree murder charge. Primary issue being trial judge’s ruling to admit a Mr. Big confession. Argument that trial judge failed to balance probative value against prejudicial effect as required by Hart, 2014 SCC 52. Held: Appeal allowed, new trial. Regarding prejudice, the trial judge focused on the need to properly instruct … Read More.
Accused was charged with trafficking in heroin in 2011, and was convicted 4 years later in 2015. Accused brought an 11(b) stay application after conviction, but before he was sentenced. Trial judge found no 11(b) breach. Held: Appeal dismissed. “The appellant argues that Jordan applies throughout the sentencing process. That is not what Jordan says.” … Read More.
Application for bail pending appeal from an aggravated assault conviction. Accused previously denied bail pending. Argument that the recent decision in Oland, 2017 SCC 17 warranted reconsideration of the bail denial. Change in circumstance as well, as the accused’s girlfriend had relocated to British Columbia. Held: Application dismissed. “In my view, public interest remains of … Read More.
May 6th, 2017 Update
Accused pleaded guilty to offences including two attempted robberies of gas stations. Both attempted robberies occurred on the same day. In both, the accused produced a gun. In both cases the gas station clerk froze, and the accused ran away without any money or cigarettes. Many Gladue factors present, including addictions and limited education. Accused … Read More.
Mentally ill accused, who suffered from schizophrenia, pleaded guilty to manslaughter. Originally charged with murder. Accused beat and stabbed her mother to death. Accused suffered from delusional beliefs. In 2014 the accused had been found unfit by a jury. Accused had spent in excess of 6 years in pre-trial custody. Held: 2 years jail plus … Read More.
Accused charged with refusal to provide a screening breath sample and dangerous driving. After refusing to blow at the roadside, the accused was taken into the detachment to exercise his right to counsel, as he had asserted the same upon arrest. At the detachment the accused told police that he could not find the name … Read More.
Trial on a charge of refusal to provide breath samples. Issue regarding whether reasonable grounds existed to make a lawful breath demand. Police received a “vague” complaint about a possible impaired driver. Accused fumbled with various documents (producing the wrong documents), there was an odour of alcohol in the vehicle, and the accused’s overall behaviour … Read More.