January 28th, 2019
R. v Calahoo, 2019 Edmonton Queen’s Bench – 5 years 18.5 months prison on plea of guilty to criminal negligence causing death of infant.
Sentencing of accused who pleaded guilty to criminal negligence causing the death of a two-monthold baby to whom he was a caregiver. One night, woken by the infant’s crying, he shook her, causing severe brain injury. The child was taken to hospital the next day, and eventually died after being taken off life support. Accused … Read More.
January 16th, 2019
R. v. Brittain, 2018 Edmonton Queen’s Bench (1513455Q1)- 1 Yr. Minimum Jail For Possession Of Child Pornography Unconstitutional
Sentencing of accused convicted after trial of possession of child pornography. Crown proceeded by indictment. Illegal material included 26 images and 4 videos, but all were cartoons (anime) depictions. 25-year old accused assessed at a low risk to reoffend. Issue of whether 1-year minimum violates s. 12. Held: minimum unconstitutional; 1 year CSO imposed. Images … Read More.
November 15th, 2018
R. v. Rowan, 2018 Leduc Provincial Court – No Contact Bail Breach Receives Lessor Sentence As Neither Party Wanted Condition
Accused pleaded guilty to breach of a ‘no-go’ recognizance condition in relation to her domestic partner of 20 years. Neither the accused nor victim had any intention of abiding by the condition. Indigenous accused with a related prior record. Held: 10 days’ imprisonment plus 5 days credit for pre-trial custody. Discussion of no contact/no-go bail … Read More.
R. v. Gallant, 2018 Alberta Court Of Appeal – Sentence Reduced Due To Assault On Accused By Remand Centre Guard
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.
Sentencing of accused for publication of intimate images without consent under s. 162.1 CC. After the accused’s girlfriend ended their 3-year relationship, he became angry and posted nude pictures of her online, along with her name and derogatory comments. The next day, the accused attempted to have the images taken down, but was unsuccessful. 25-year … Read More.
August 28th, 2018
43-year old accused pleaded guilty to possession of unstamped tobacco for the purpose of sale under s. 121.1(1) CC. 68,000 grams of flavoured contraband tobacco were seized which translated to about $25,000 in avoided taxes. Accused was remorseful and of prior good character. Defence sought a conditional discharge. Held: $1500 fine + VFS imposed. Factors … Read More.
August 17th, 2018
R v Huebner, 2018 Calgary Provincial Court – No Credit Towards Driving Prohibition For Previous Administative Suspension
Accused pleaded guilty to impaired driving and was granted a curative discharge. Issue of whether she should receive credit for the time her licence was suspended under the Alberta Administrative Licence Suspension towards the mandatory Criminal Code driving prohibition. Held: no credit for time on AALS.
July 27th, 2018
R v Gallant, 2018 Calgary Provincial Court – Provincial Court Can Correct “Unintended Outcome” Due To Mistake Of Parties
Accused pleaded guilty to a breach of probation and was sentenced to time served. Intention of both Crown and Defence was to ask for an order that accused’s intermittent sentence (from other matters) not be collapsed; however, parties failed to address this at the time of sentence. When the oversight was realized, the matter was … Read More.
July 20th, 2018
R v S.L.W., 2018 Alberta Court Of Appeal – 3.5 Years Jail For Sexual Asssault, Making/Distributing Child Pornography Upheld
Crown appeal from a global sentence of 3.5 years’ incarceration after accused pleaded guilty to sexual assault of her 4-year old son and distributing and making child pornography. Respondent’s online boyfriend “guided” her into sexually assaulting her son and sharing photos of the acts (and other child pornography) with him. Accused was remorseful and a … Read More.
July 13th, 2018
R v Martial, 2018 Alberta Court Of Appeal – 10 Year Sentence For Sexual Interfence & Luring Involving 13 Year Old Complainant Upheld
Defence appeal of a sentence of 8 years jail for sexual interference plus 2 years consecutive for child luring. Accused pleaded guilty on the day of trial, but complainant still was required to give evidence. 47-year-old accused engaged in sexual intercourse with 13-year-old complainant over a period of about 2 years. Position of trust. Held: … Read More.