May 12th, 2017

R v Swampy, 2017 ABCA 134 per Martin, Watson, Greckol, JA – T. Judge: Gill, J:

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Appeal from 8 year sentence following a manslaughter conviction by a jury. Stabbing death. Trial judge found that the accused’s conduct fell into the highest category of blameworthiness set out in Laberge. Numerous Gladue factors present. Trial judge found that the Gladue factors did not affect the sentence to be imposed. Held: Appeal dismissed. 8 … Read More.

November 3rd, 2016

R v Pate-Miller, 2016 ABCA 295 per Rowbotham, McDonald, O’Ferrall – T. Judge: Van Harten, PCJ:

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Defence appeal from 8 year jail sentence imposed following a guilty plea to manslaughter. Accused and victim were acquaintances. Two co-accused’s attended at victim’s home to rob him. Victim was tied up, with a belt around his neck (placed there by the co-accused). Although the victim was still alive when the accused left the residence, … Read More.

December 14th, 2015

R v Ible, 2015 ABCA 363 per Slatter, Wakeling, Schultz, JA – T. Judge: Graesser, J:

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Crown appeal of 5.5 year sentence. Accused convicted of transporting 5.5 kg of cocaine valued at $500,000 from Vancouver to Edmonton in a secret compartment of his truck. Trial judge found that the accused was wilfully blind. Held: Appeal allowed. 8 year sentence imposed. Error to find a lower moral culpability based upon wilful blindness, … Read More.

December 7th, 2015

R v Bedi, 2015 ABCA 361 per Slatter, Wakeling, Schutz, JA – T. Judge: Johnson, PCJ:

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Defence appeal from global 8 year sentence imposed in relation to charges including trafficking heroine and possession of restricted firearms. Large quantity of drugs, and numerous weapons, found in accused’s home. Issue as to whether trial judge erred in imposed consecutive sentences. Held: Appeal dismissed. Consecutive sentences appropriate. “The distinct offences of drug trafficking and … Read More.