August 26th, 2020

Covid 19 Jail Restrictions Reduce Sentence Length For Home Invasion – R v Gordey, 2020 Fort McMurray Queen’s Bench

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Accused pleaded guilty to home invasion robbery. One important issue that arose was how to account on sentence for restrictions in ERC related to COVID-19. Total time in pre-sentence custody was 412 actual days; approximately 90 were under the COVID-19 restrictions. Held: Treated as additional mitigating circumstance. Court analyzed various possible approaches. COVID-19 restrictions did … Read More.

July 23rd, 2019

7 Year Robbery Sentence Reduced to 6 Due To Gladue Factors – R v Matchee, 2019 Alberta Court Of Appeal

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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.

November 15th, 2018

Sentence Reduced Due To Assault On Accused By Remand Centre Guard – R. v. Gallant, 2018 Alberta Court Of Appeal

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Defence appeal of 5-year sentence for multiple domestic violence-related offences, including assault with a weapon, obstruction, and unlawfully in a dwelling house. While in custody at the Edmonton Remand Centre (ERC) the accused was assaulted by two guards and suffered a broken arm. Held: Appeal allowed; sentence reduced by 90 days. Sentencing judge erred in … Read More.

April 13th, 2017

R v Brown, 2017 ABQB 191 per Veit, J:

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Accused, with an unrelated record, pleaded guilty to trafficking in $120 of cocaine. Positive pre-sentence report. Crown sought 12 months jail. ” Mr. Brown argues that police action shortly after his arrest, in which he was strip searched and the strip search was videotaped, entitles him to a reduction of sentence.” Defence sought a 90 … Read More.