July 23rd, 2019
R v Matchee, 2019 Alberta Court Of Appeal – 7 Year Robbery Sentence Reduced to 6 Due To Gladue Factors
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.
July 13th, 2018
Failure To Properly Consider Gladue Factors Not Fatal To Dangerous Offender Finding – R v Wolfleg, 2018 Alberta Court Of Appeal
Defence appeal of dangerous offender designation and indeterminate sentence. Accused was Indigenous, but no Gladue report was ordered for the dangerous offender hearing. Issue on appeal of whether sentencing judge failed to properly address Gladue factors. Held: Appeal dismissed. Leave granted to admit fresh evidence of a Gladue report. In any sentencing proceeding for an … Read More.
June 1st, 2018
Defence appeal from sentence of 10.5 years for numerous offences including kidnapping, break & enter and commit robbery, theft of a vehicle, and firearms offences. Home occupants were beaten, threatened with a shotgun, and forced into a vehicle and driven some distance away. Held: Appeal allowed; sentence reduced by 1.5 years to 9 years. Court … Read More.
August 11th, 2017
35 year old aboriginal woman pleaded guilty to trafficking in cocaine. $100 worth of cocaine sold to an undercover police officer. Accused’s record (10 prior convictions) included one drug conviction (simple possession in 2008). Numerous Gladue factors including: limited education and employment opportunities; considerable death / suicide in her family; family members attended residential school; … Read More.
May 12th, 2017
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.
May 6th, 2017
Accused pleaded guilty to offences including two attempted robberies of gas stations. Both attempted robberies occurred on the same day. In both, the accused produced a gun. In both cases the gas station clerk froze, and the accused ran away without any money or cigarettes. Many Gladue factors present, including addictions and limited education. Accused … Read More.
April 13th, 2017
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.