February 13th, 2020 Update
Need For Certificate Of Analyst For New Impaired Law – R v Goldson, 2019 Alberta Court of Appeal – Leave To Appeal
Appellant acquitted of driving with illegal blood alcohol limit after trial and convicted on summary conviction appeal (SCA) sought leave to appeal the conviction. Issue at trial was whether the viva voce evidence of the qualified breath technician could satisfy the requirement in s 320.31 CC that the alcohol standard be certified by an analyst. … Read More.
December 9th, 2019 Update
Youth Court Not Bound To Follow Consecutive Sentence Requirements Of Criminal Code – R v SC 2019 Calgary Youth Court
Young person pled guilty to offences contrary to ss 268 and 270.01(b) CC. The issue was whether the Court had discretion to impose a concurrent sentence or whether it was bound by s 270.03 CC (which requires a consecutive sentence for other offences committed against a law enforcement officer arising out of the same event). … Read More.
November 19th, 2019 Update
New Trial Ordered On Impaired Because Could Not Be Determined Samples Taken In Reasonable Fashion – R v NcNanus 2019 Edmonton Queen’s Bench
Appellant convicted of s 253(1)(b) CC after trial appealed alleging errors, including that Trial Judge failed to find a breach of Charter s 8 and erred in finding the repeal of the “presumption of identity” in s 258(1)(c) CC operated prospectively and not retrospectively. The Charter voir dire at trial centered on whether the breath … Read More.
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.
Mandatory Min. 5 Year Sentence For Sex Assault On 14 Year Old Unconstitutional – R v Badger, 2019 Edmonton Queen’s Bench
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.
Police Mistakenly Publish Youth’s Name In Child Porn Charge, Charge Stayed As Result – R v BM, 2019 Edmonton Youth Court
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.
Sex Assault Conviction Appeal Fails – Defence Of Mistaken Belief In Consent Not Made Out – R v Achuil, 2019 Alberta Court Of Appeal
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.
Mandatory Minimum Criminal Driving Prohibition Can’t Be Reduced By Crediting Provincial Suspension – R v Sohal, 2019 Alberta Court Of Appeal
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
7 Year Robbery Sentence Reduced to 6 Due To Gladue Factors – R v Matchee, 2019 Alberta Court Of Appeal
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.