April 27th, 2018
R v K. Edmonton Court of Queen’s Bench – Homicide Charge Stayed
Firm Cases Tags: Manslaughter, Murder, Stay of Proceedings
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
R v L. Edmonton Provincial Court – Murder Reduced To Manslaughter
Firm Cases Tags: 3.5 Years, Murder, Reduced
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: 6.5 Years, Convicted Of Lesser Offence, Manslaughter, Murder, Sentence
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: Minimum, Murder, Parole Eligibility
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
R v Chan, 2018 Calgary Queen’s Bench – Murder Stayed For Trial Delay
Law Updates Tags: Charter 11(b), Complexity, Jordon Application, Murder, Stay Granted
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: Consecutive Parole Ineligibility, Murder, Sentence
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: Charter s.12, Mandatory Life Sentence Challenged, Murder
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: Faint Hope, Murder, Parole Ineligibility
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: Consecutive Sentences, Life, Murder, Sentence
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.
July 12th, 2017
R v Oshvalda, 2017 Alberta Court of Appeal (Edmonton) per Greckol, JA:
Law Updates Tags: Bail, Murder, Pending Appeal
Application for bail pending appeal following a judge alone conviction for second degree murder. “Much like the appellant in R v Oland, 2017 SCC 17 … there is no question the appellant meets the first two criteria for bail pending appeal set out in s 679(3) of the Criminal Code … At issue is whether … Read More.