June 3rd, 2019
Mandatory Minimum Sentence For Sexual Interference Struck Down – R v Ford, 2019 Alberta Court Of Appeal
Accused convicted of sexual interference after trial and sentenced to 6 months jail plus 3 years probation, after the trial judge struck down the mandatory minimum sentence for s 151(a) CC. Crown appealed. The 20-year-old accused communicated with the 13-year-old complainant on Facebook for a couple months, then had sex with her in a public … Read More.
August 17th, 2018
One Year Minimum For Sexual Exploitation Of Minor Restored On Appeal – R v E.J.B., 2018 Alberta Court Of Appeal
Crown appeal from sentence for sexual exploitation. Trial judge declared that the 1-year mandatory minimum under s. 153(1.1)(a) violated s. 12 of the Charter, and ultimately imposed a CSO. Held: Appeal allowed, 1-year minimum upheld; 4 years jail. Trial judge erred in finding that the mandatory minimum under s. 153(1.1)(a) would be grossly disproportionate in … Read More.
July 27th, 2018
5 Year Minimum For Robbery With Firearm Unconstitutional – 2 Years Less Day Imposed – R v Hilbach, 2018 Edmonton Queen’s Bench
19-year old accused pleaded guilty to robbery using a prohibited or restricted weapon. Accused, along with a 13-year old accomplice, used an unloaded sawed-off rifle to rob a convenience store of $290 in lottery tickets. Gladue factors. Issue of whether 5-year mandatory minimum under s 344(1)(a)(i) CC violates s 12 of the Charter. Held: minimum … Read More.
July 20th, 2018
Minimum Jail Requirement For Procuring Sex Services From Minor Unconstitutional – R v Alvi, 2018 Calgary Provincial Court
Sentencing of accused convicted after trial under s 286.1(2) CC (communication for the purposes of obtaining, for consideration, sexual services of a minor). Accused was caught through a Calgary Police sting operation, where the online ad indicated the (fictitious) sex trade worker was 18 years old, but subsequent communications made it clear she was 17. … Read More.
December 29th, 2017
Issue regarding constitutionality of the 1-year mandatory minimum sentence for sexual exploitation under s 153(1.1)(a) CC where Crown proceeds by indictment. 35-year old accused engaged in sexual relations with 16-year old niece (related through marriage) living with his family. Complainant had initiated the sexual relationship. Held: s 153(1.1) (a) CC violates s 12 of the … Read More.