July 20th, 2018

3.5 Years Jail For Sexual Assault, Making/Distributing Child Pornography Upheld – R v S.L.W., 2018 Alberta Court Of Appeal

Law Updates Tags: , ,

Crown appeal from a global sentence of 3.5 years’ incarceration after accused pleaded guilty to sexual assault of her 4-year old son and distributing and making child pornography. Respondent’s online boyfriend “guided” her into sexually assaulting her son and sharing photos of the acts (and other child pornography) with him. Accused was remorseful and a … Read More.

November 20th, 2017

Murder Reduced To Manslaughter – R v L. Edmonton Provincial Court

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Accused charged with second degree murder. Stabbing death. Intoxicated accused stabbed a friend during an argument. Aboriginal accused. Various systemic and background factors tied to the accused’s heritage (Gladue factors) operated to reduce her level of moral responsibility. Held: Guilty plea to lesser charge of manslaughter. 3.5 years jail.    

December 29th, 2017

R v Peers, 2017 Edmonton Queen’s Bench – Securities Fraud, 3 1/2 Year Sentence Upheld

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Summary conviction appeal of sentence for fraud and related charges under the Securities Act. Defence sought to reduce 3.5- year sentence imposed by trial judge to 2.5 years. At sentencing, Crown had asked for 2 to 2.5 years’ jail while accused sought 18-month CSO.  Issue on appeal of whether sentencing judge erred in not alerting … Read More.

July 4th, 2017

R v Chief Body, 2017 ABCA 201 per Paperny, McDonald, Martin, JA – T. Judge: Miller, J:

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Defence appeal from 3.5 year jail sentence imposed after accused convicted of sexual assault. Accused attacked and sexually assaulted (vaginal intercourse) a complete stranger who was walking alone early in the morning in downtown Lethbridge. Considerable psychological trauma caused. Aboriginal accused with various Gladue factors. Held: Appeal dismissed. Sentence adjusted slightly to properly reflect pre-trial … Read More.

January 12th, 2017

R v House, 2016 ABCA 414 per Martin, Watson, Greckol, JA – T. Judge: Wilberg, PCJ:

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Defence appeal from 7 year sentence for aggravated assault. Original sentence was a joint submission. Accused became involved in a heated argument with his wife, one of his children, and a niece, who assaulted the accused leaving him with a broken nose. Later in the altercation, the accused’s child introduced a metal pipe. Accused gained … Read More.