February 16th, 2019

Client acquitted of second degree murder & manslaughter – R. v M.L. 2019 Edmonton Queen’s Bench

Firm Cases Tags: ,

Client charged with 2nd degree murder of friend. Alleged that client stabbed a friend with intention to cause death or serious bodily harm likely to cause death. Held: Directed verdict of not guilty of murder at conclusion of Crown’s case. Case proceeded on basis of manslaughter and client acquitted of this charge after testifying. Evidence … Read More.

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.

November 20th, 2017

Murder Reduced To Manslaughter – R v L. Edmonton Provincial Court

Firm Cases Tags: , ,

Accused charged with second degree murder. Stabbing death. Intoxicated accused stabbed a friend during an argument. Aboriginal accused. Various systemic and background factors tied to the accused’s heritage (Gladue factors) operated to reduce her level of moral responsibility. Held: Guilty plea to lesser charge of manslaughter. 3.5 years jail.    

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.

October 18th, 2015

R. v. D.A. 2015 Wetaskiwin Court of Queen’s Bench

Firm Cases Tags: , ,

Client pled guilty to second degree murder. Crown asking for 15-year period of parole ineligibility on the mandatory life sentence. Defence asking for the 10-year minimum period of parole ineligibility on the basis of significant Gladue factors, and an extensive review of the case law supporting the minimum. Held: 10 year minimum period of parole … Read More.

June 1st, 2018

Murder Stayed For Trial Delay – R v Chan, 2018 Calgary Queen’s Bench

Law Updates Tags: , , , ,

Section 11(b) application. In 2013, accused was charged with murder, criminal organization and conspiracy offences arising from a 2008 gang shooting. Matter was case-managed in tandem with a parallel prosecution on another indictment. Crown conceded delay clearly exceeded the Jordan ceiling. Issue of whether delay was justified as a complex case or on basis of … Read More.

March 12th, 2018

R v Klaus, 2018 Red Deer Court Of Queen’s Bench – Consecutive Life Sentences For Multiple Murder Excessive

Law Updates Tags: , ,

Two accused were each convicted at trial of three counts of first-degree murder. Crown sought imposition of consecutive parole ineligibility periods under s 745.51 CC for a total of 75 years. Held: Concurrent parole ineligibility imposed (25 years). “A sentence that extinguishes any hope of release for an offender is a crushing sentence. It risks … Read More.

February 9th, 2018

R v Newborn, 2018 Edmonton Queen’s Bench – Mandatory Life Sentence Not Cruel

Law Updates Tags: , ,

Accused was convicted of second degree murder by a jury. Issue regarding constitutionality of ss 235, 745(c) and 745.4 CC. Argument that accused’s low intellectual capacity and psychiatric difficulties rendered mandatory life sentence cruel and unusual. Held: no s 12 violation. 15-year parole ineligibility imposed. Nur, 2015 SCC 15 analysis. While accused’s intellectual disability reduced … Read More.

October 27th, 2017

R v Pervez, 2017 Edmonton Court Of Queen’s Bench – Murder Parole

Law Updates Tags: , ,

Applicant was convicted of first degree murder in 2003. Application under s 745.6 CC for reduction in parole ineligibility term. Judicial screening stage. Applicant argued that impending deportation meant his risk to re-offend in Canada was near zero and that cost savings to society of deportation vs keeping him in prison would increase the likelihood … Read More.

August 28th, 2017

R v Saretzky, 2017 Lethbridge Court of Queen’s Bench per Tilleman, J:

Law Updates Tags: , , ,

Accused convicted of offences including three counts of murder. One of the victims was a child. Issue regarding imposition of consecutive parole ineligibility periods. Held: Life sentence, parole ineligibility set at 75 years. Although the killings were related, the deaths occurred at three distinct times and in three separate locations. Accordingly, the offences did not … Read More.