April 27th, 2018

Homicide Charge Stayed – R v K. Edmonton Court of Queen’s Bench

Firm Cases Tags: , ,

Client originally charged with second-degree murder in the death of an elderly male. Incident occurred at the client’s apartment, and both parties were intoxicated. Evidence suggested that the man died from a single stab wound to the shoulder inflicted by the female client. She called 911, reporting at the same time that the man had … Read More.

January 28th, 2016

R. v. B. B. 2016 Edmonton Queen’s Bench

Firm Cases Tags: , , , ,

Client charged with second degree murder in relation to alleged participation in the beating death of a stranger that the three accused encountered on the street. He was also charged with an unrelated home invasion robbery of a residence nearby the scene of the beating.  Issues were participation and intent with respect to the beating … Read More.

April 13th, 2018

R v Rasberry, 2018 Alberta Court Of Appeal (Calgary) – 7 Year Sentence Fit For Manslaughter Of Friend

Law Updates Tags: , , ,

  Appeal from a 7-year sentence after appellant was convicted of manslaughter. Accused and victim were middle-aged professionals. After a night of drinking, the victim pushed the appellant against a counter and threatened to beat and rape him and his wife. Appellant then stabbed the victim 23 times. Appellant called 911 and tried to help … Read More.

October 19th, 2017

R v Hardy, 2017 St. Paul Court Of Queen’s Bench – Manslaughter

Law Updates Tags: , ,

Manslaughter trial. Accused alleged to be a party to the offence. Accused participated in a break and enter with intent to commit theft. Co-accused killed the occupant of the home. Held: Acquitted. Aiding or abetting not proven beyond a reasonable doubt. Crown did not prove that a reasonable person in the accused’s circumstances would have … Read More.

September 13th, 2017

R v Wesley, 2017 Cochrane Provincial Court per McLeod, PCJ:

Law Updates Tags: , ,

Aboriginal accused pleaded guilty to manslaughter. Beating death of accused’s father on the Morley Reserve involving multiple kicks to the head. Both men were grossly intoxicated. 29 year old accused with no record. Numerous Gladue factors. Crown sought 5-7 years jail. Defence sought probation. Held: 3.5 years jail. As per Swampy, 2017 ABCA 134, in … Read More.

May 12th, 2017

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

Law Updates Tags: , , ,

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

R v Lamb, 2017 ABQB 239 per Clackson, J:

Law Updates Tags: , ,

Mentally ill accused, who suffered from schizophrenia, pleaded guilty to manslaughter. Originally charged with murder. Accused beat and stabbed her mother to death. Accused suffered from delusional beliefs. In 2014 the accused had been found unfit by a jury. Accused had spent in excess of 6 years in pre-trial custody. Held: 2 years jail plus … Read More.

January 19th, 2017

R v Enright, 2017 ABQB 10 per Jerke, J:

Law Updates Tags: , ,

Accused pled guilty to manslaughter. Accused had been living in the victim’s home. Accused attacked the victim for unknown reasons and stabbed and beat him to death. “This was a brutal, violent knife attack.” 29 year old accused with a record (however longest prior sentence was 6 months in jail). Held: 10 years jail. Aggravating … Read More.

November 3rd, 2016

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

Law Updates Tags: , , ,

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.

March 1st, 2016

R v Isadore, 2016 ABQB 83 per Clackson, J

Law Updates Tags: , , ,

Two accused charged with murder, but convicted of manslaughter in a beating death of a good samaritan who had gone outside at night to investigate loud noises. Aboriginal accuseds with significant records and addictions issues, but both had made significant strides toward rehabilitation. Held: 6.5 years jail. Aggravating factors included: that it was a group … Read More.