August 26th, 2020
R v Gordey, 2020 Fort McMurray Queen’s Bench – Covid 19 Jail Restrictions Reduce Sentence Length For Home Invasion
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
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
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
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.