February 9th, 2018

R v Shevchenko, 2018 Alberta Court Of Appeal – Mental Illness Reduces Blameworthiness

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Appeal from global sentence of 8 years’ incarceration after accused pleaded guilty to charges including aggravated assault, robbery, and dangerous driving. Appellant suffered from serious mental illness that factored significantly into the commission of the offences. Held: Appeal allowed. “[A]n offender who has a significant mental illness is generally considered to have less moral blameworthiness … Read More.

October 27th, 2017

R v Schneider, 2017 Medicine Hat Provincial Court – Aggravated Assault

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Accused pleaded guilty to aggravated assault. Stabbing outside of a bar in Medicine Hat. Accused attacked the complainant from behind and stabbed him in the back near the mid-line. Serious but not permanently life-altering injury caused. Largely unprovoked attack. Held: 20 months jail and 18 months probation. 32 year old accused with a relatively minor … Read More.

October 12th, 2017

R v Giesbrecht, 2017 Alberta (Edmonton) Court Of Appeal per Costigan, Greckol, Crighton, JA – T. Judge: Belzil, J:

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Defence appeal from 18 month jail sentence following a conviction for aggravated assault. Trial judge accepted the accused’s evidence at trial regarding a belief in self-defence, however, found that the accused used excessive force. Issue as to whether the trial judge failed to consider the accused’s state of mind as a mitigating factor in sentencing. … Read More.

April 13th, 2017

R v Callihoo, 2017 ABPC 40 per Krinke, PCJ:

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Aboriginal accused pleaded guilty to aggravated assault. Crown sought 2-3 years jail. Accused stabbed her common law partner multiple times (to his back and the rear of his head). Various Gladue factors present. Held: 90 days jail intermittent plus 2 years probation. Accused’s parents suffered from alcoholism. She left school when she was 15 because … Read More.

March 21st, 2017

R v Giesbrecht, 2017 ABCA 80 per Costigan, Paperny, Slatter, JA – T. Judge: Belzil, J:

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Defence appeal from aggravated assault conviction. Self-defence advanced at trial. Trial judge found that even if the accused acted in self-defence, the use of a knife was a “grossly excessive use of force.” Accused testified that he “blindly swiped” at the complainant. Issue as to whether trial judge erred in finding that the mens rea … Read More.

January 26th, 2017

R v Cloutier, 2017 ABPC 3 per Allen, PCJ:

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Accused pleaded guilty to various offences including aggravated assault and dangerous driving causing bodily harm. After becoming angry with a gas station attendant, accused drove his vehicle into the store, causing numerous serious injuries. Accused had no record. Held: 6 years jail. Although the accused suffered from some mental health issues, the issues were not … Read More.

January 19th, 2017

R v Holy Singer, 2016 ABPC 304 per Pharo, PCJ:

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Accused convicted after trial of several offences including aggravated assault. 23 year old female aboriginal accused. Many Gladue factors present, including having been abandoned by her parents as an infant, alcohol and drug abuse, limited education. Relatively lengthy record. Assault consisted of four stab wounds, two of which required surgery. Crown sought 4.5 years. Held: … Read More.

R v Walsh, 2017 ABCA 2 per Berger, Martin, Rowbotham, JA – T. Judge: Stevenson, PCJ:

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Appeal from 3 year jail sentence followed by 18 months probation imposed after convictions for aggravated assault, unlawful confinement and choking. Assaults occurred after a drug-fuelled weekend at the complainant’s residence. Accused punched, kicked and choked the female complainant, who suffered significant bruising and her lip needed to be sutured. 28 year old accused with … 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.

R v Deering, 2016 ABCA 418 per Martin, McDonald, Martin, JA – T. Judge: Barley, PCJ:

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Defence appeal from a 21 month sentence imposed after accused pled guilty to aggravated assault. Friends of the accused and victim (who were strangers) engaged in a verbal dispute outside of a Calgary bar. Victim expressed no interest in fighting. While attempting to enter a cab, the victim was struck in the face by the … Read More.