July 23rd, 2019 Update
R v Kettles, Edmonton Provincial Court – Breathalyzer Results Not Presumed Accurate Under New Law Without Certificate Of Analyst
Trial on impaired driving and ‘over 80’ charges. The Crown did not tender a Certificate of Analyst or Qualified Technician; rather, the Crown adduced the machine test sheet and the technician gave viva voce testimony. Issue of whether this met the requirements of s. 320.31 CC so as to trigger the presumption of accuracy. Held: … Read More.
R v Mohamed, 2019 Edmonton Queen’s Bench – Traffic Stop Combined With General Criminal Law Purpose Is Arbitrary Detention
Appellant convicted after trial of driving while disqualified and breach of probation. Police were conducting proactive patrols with a view to detecting stolen vehicles, specifically targeting Ford trucks. Appellant was driving a Ford F150 registered to a female. At trial, defence alleged a s. 9 Charter breach. The Trial Judge held that the traffic stop … Read More.
June 13th, 2019 Update
Search And Statements By Accused Allowed Into Evidence Despite Charter Violations – R v Downey, 2019 Calgary Queen’s Bench
Accused arrested for kidnapping and forcible confinement of a child (later found dead), and murder of her mother. He made statements which Crown wanted to use in cross-examination if accused testified. Accused argued statement was not voluntary on the basis of oppression. He also applied for exclusion of items seized, photos, clothing and swabs, arguing … Read More.
Fentanyl Trafficking Receives 8.5 Month Sentence Instead of 4.5 Years Sought By Crown – R v Yarmey, 2019 Edmonton Queen’s Bench
Accused pled guilty to one count of trafficking 2.1 grams of cocaine and two counts of trafficking fentanyl, 3 pills on one occasion and 12 pills on a second. Crown sought 4-4.5 years and asked a starting point of 6 years’ jail be set. Defence sought a rehabilitative sentence which took into account the accused’s … Read More.
Conditional Discharge Available Upon Conviction For Dangerous Driving Causing Bodily Harm – R v Chowdhury, 2019 Alberta Court Of Appeal
Appellant pled guilty to dangerous operation of a motor vehicle causing bodily harm (Code s 249(3)) He was sentenced to a $3,500 fine and one-year driving prohibition plus a victim surcharge (VFS) of $1,050. Prior to sentencing, appellant voluntarily completed a defensive driving course. Appellant had a family and was a chartered accountant studying for … Read More.
Accused was charged with operating a conveyance with blood alcohol over the legal limit and impaired driving. In a s 8 Charter voir dire, defence argued the police, in obtaining one failed ASD reading, did not meet the requirements of s 320.27(2) of the Code and therefore a warrantless search took place. Defence sought exclusion … Read More.
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.