September 20th, 2019 Update
The Accused was part of a sophisticated international plan developed by a criminal organization to import large quantities of drugs. Wholesale value of the methamphetamine was around $560,000. The Accused was responsible for the actual importation of 14.5 kg of meth from the USA to Canada. She was convicted after trial of s 5(2) and … Read More.
R v Badger, 2019 Edmonton Queen’s Bench- Mandatory Min. 5 Year Sentence For Sex Assault On 14 Year Old Unconstitutional
Accused convicted of being a party to a sexual assault on a 14-year-old girl who was intoxicated at the time. Digital penetration and oral sex. Accused held the Complainant’s legs while another individual had sexual intercourse with her. Mandatory minimum sentence for the party offence was 5 years under s. 272(2)(a.2) CC. Defence challenged the … Read More.
R v BM, 2019 Edmonton Youth Court – Police Mistakenly Publish Youth’s Name In Child Porn Charge, Charge Stayed As Result
Accused pleaded guilty to offences under ss 163.1(4) and 172.2(1)(a) CC. He was 17 on the offence date and at the time of arrest. Complainant worked for a modelling agency and Accused posed as a staff member of the agency via email in order to seek nude photos of the Complainant. After his arrest, the … Read More.
R v Achuil, 2019 Alberta Court Of Appeal – Sex Assault Conviction Appeal Fails – Defence Of Mistaken Belief In Consent Not Made Out
Appellant convicted of sexual assault after trial appealed, arguing that the trial judge misapplied the test in W(D) and that defence of mistaken belief in consent should have been available. Held: Appeal dismissed. Court found the trial judge did not misapply W(D) and the conviction should stand. The majority reconsidered Ryon [2019 ABCA 36] on … Read More.
R v Sohal, 2019 Alberta Court Of Appeal – Mandatory Minimum Criminal Driving Prohibition Can’t Be Reduced By Crediting Provincial Suspension
Two appeals (defence appeal from Sohal, 2018 ABQB 845 and Crown appeal from Watson, 2018 ABQB 832) on whether the mandatory minimum 1-year driving prohibition under the CC for impaired driving can be reduced to give credit for pre-trial provincial suspensions. In Sohal, the trial judge imposed a prohibition of 141 days, with credit for … Read More.
Crown appeal from acquittal on a charge of ‘over 80’. Issue on appeal was the interpretation of s 320.31(1) (a) CC, which requires Crown to prove that the qualified technician who took the breath samples conducted a system calibration check with results within 10% of the target value of an alcohol standard certified by an … Read More.
July 23rd, 2019 Update
R v Matchee, 2019 Alberta Court Of Appeal – 7 Year Robbery Sentence Reduced to 6 Due To Gladue Factors
Appellant convicted after trial of 10 counts (robbery, break and enter, unlawful confinement, and others). He appealed his 7-year jail sentence on the robbery, saying the trial judge erred by not giving effect to Gladue factors. He argued a 5-year jail sentence would have been appropriate. His Gladue factors included family members in residential schools … Read More.
R v Churchill, 2019 Alberta Court Of Appeal – Sentence Reduced From 3 Years, 5 Months to 2 Years For Fentanyl Trafficking
Appeal from a global sentence of 3 years and 5 months (including other drug and weapons offences) on the basis that the trial judge erred in categorizing a “holding out” offence in the same sentence range as trafficking fentanyl. Appellant was convicted of trafficking in fentanyl. He sold a substance represented to be fentanyl to … Read More.
R v Taylor, 2019 Vermilion Provincial Court – Presumption Of Identity Applies To Transitional Impaireds/Presumption Of Accuracy Does Not Require Certificate Of Analyst
Trial on a charge under s. 253(1)(b) CC. Transitional case. Crown sought to rely on the presumption of accuracy through information in the Certificate of Qualified Technician, which stated that the calibration check results were within 10% of the target values “of an alcohol standard which was certified by an analyst”. Further, Crown did not … Read More.
R v Hanna, 2019 Edmonton Provincial Court – Old Presumption Of Identity Applies To Transitional Impaired Cases/Hearsay Allowed To Prove Analyst Requirement
Trial on a charge of driving ‘over 80’ under s. 253(1)(B) CC. Issues of whether the former presumption of identity under s. 258 CC continues to apply in a transitional case where the offence precedes the Bill C-46 amendments but the trial is held after; and whether the Crown could rely on the s. 320.31 … Read More.