June 13th, 2019 Update
Bail Delay Over 24 Hours Should Not Have Resulted In Stay Of Charge – R v Reilly, 2019 Alberta Court Of Appeal
Crown appealed a stay of charges of assault causing bodily harm, unlawful confinement, assault, mischief, and failure to comply with probation order arising in a domestic context. The stay was granted under s. 24(1) due to systemic problems within the bail system in Alberta, which resulted in the accused being held for longer than 24 … Read More.
Alberta Review Board Failed To Consider “least restrictive” Option On Not Criminally Responsible Review – R v W.C.R., 2019 Alberta Court Of Appeal
Appellant was under supervision of the Alberta Review Board (ARB) for approximately four years after being found NCR for arson committed at age 16. Appellant argued that the treatment team’s recommendations did not correctly state the legal test, and did not address whether he was a “significant threat to the safety of the public”, and … Read More.
June 3rd, 2019 Update
Jail Not Available For Cruelty Under Animal Protection Act – R. v Schultz, Red Deer Provincial Court
A husband and wife were convicted of Animal Protection Act (APA) offences due to egregious neglect of approximately 100 animals (ranging from infants to adults) on their rural property, including cattle, horses, donkeys, and llamas. Crown sought a 60 to 90-day jail sentence. Defence sought a fine no higher than $1600. Held: $8500 and $6500 … Read More.
Child Pornography Sentence Reduced On Appeal Due to Remand Segregation – R v G.K.S., 2019 Edmonton Provincial Court
Accused pled guilty to 4 offences: 2 counts of s 151 and 2 counts of s 163.1(2) CC. Crown sought 8 years. Defence sought 6 years. Accused spent 310 days of pre-trial custody in administrative segregation. Crown submitted sentencing judge should view photos giving rise to the s 163.1(2) offences as part of sentencing. Held: … Read More.
One Year Sentenced Changed To House Arrest On Appeal On Careless Use Of Firearm – R v Bergh, Alberta Court Of Appeal
Defence appeal from one-year jail sentence imposed for s 86(1) CC offence. Gun was discharged, causing serious injuries, during sex between appellant & complainant as he was running it along her side, back and buttocks. Neither party knew it was loaded. Both were using intoxicants. Appellant argued sentencing judge erred in overemphasizing dated criminal record … Read More.
Defence appeal from sentence of 6 years and 3 months’ jail for distribution of child pornography, luring, criminal harassment, sexual interference, and uttering threats. Appellant argued sentencing judge’s credit of the equivalent of 3.6:1 for time spent in remand did not factor in lengthy placement in lockdown for 21-23 hours/day arising from administrative segregation, protective … Read More.
Appellant pled guilty to s 5(2) (cocaine) and s 4(1) (oxycodone) CDSA offences. Trial Judge found breaches of Charter ss 8 and 9 but declined to exclude evidence under 24(2). Appellant pled guilty following that voir dire decision, in part because defence counsel at trial told him he could still appeal the conviction on the … Read More.
Mandatory Minimum Sentence For Sexual Interference Struck Down – R v Ford, 2019 Alberta Court Of Appeal
Accused convicted of sexual interference after trial and sentenced to 6 months jail plus 3 years probation, after the trial judge struck down the mandatory minimum sentence for s 151(a) CC. Crown appealed. The 20-year-old accused communicated with the 13-year-old complainant on Facebook for a couple months, then had sex with her in a public … Read More.
January 28th, 2019 Update
Trial fairness prejudiced by Judge’s constant intervention of cross-examination – R. v Quintero-Gelvez, 2019 Alberta Court Of Appeal
Defence appeal from conviction at trial of sexual assault. Issue on appeal of whether the trial judge’s numerous interjections during cross-examination of the complainant impeded the accused’s right to make full answer and defence. Held: Appeal allowed; new trial. Schmaltz, 2015 ABCA 4 followed. “A review of the transcript of the cross-examination of the complainant … Read More.
Adjournment denied for s. 276 application does not affect fairness to trial conviction – R. v Kulasingam, 2019 Alberta Court Of Appeal
Defence appeal from dismissal of summary conviction appeal. Accused was convicted of sexual assault and unlawful confinement. Issue on appeal of whether “the trial judge’s refusal to grant an adjournment to allow the appellant’s trial counsel to correct his procedural error [failure to bring a s. 276 application] resulted in an unfair trial”, or the … Read More.