June 13th, 2019

Fentanyl Trafficking Receives 8.5 Month Sentence Instead of 4.5 Years Sought By Crown – R v Yarmey, 2019 Edmonton Queen’s Bench

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Accused pled guilty to one count of trafficking 2.1 grams of cocaine and two counts of trafficking fentanyl, 3 pills on one occasion and 12 pills on a second. Crown sought 4-4.5 years and asked a starting point of 6 years’ jail be set. Defence sought a rehabilitative sentence which took into account the accused’s … Read More.

June 3rd, 2019

Jail Not Available For Cruelty Under Animal Protection Act – R. v Schultz, Red Deer Provincial Court

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A husband and wife were convicted of Animal Protection Act (APA) offences due to egregious neglect of approximately 100 animals (ranging from infants to adults) on their rural property, including cattle, horses, donkeys, and llamas. Crown sought a 60 to 90-day jail sentence. Defence sought a fine no higher than $1600. Held: $8500 and $6500 … Read More.

Child Pornography Sentence Reduced On Appeal Due to Remand Segregation – R v G.K.S., 2019 Edmonton Provincial Court

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Accused pled guilty to 4 offences: 2 counts of s 151 and 2 counts of s 163.1(2) CC. Crown sought 8 years. Defence sought 6 years. Accused spent 310 days of pre-trial custody in administrative segregation. Crown submitted sentencing judge should view photos giving rise to the s 163.1(2) offences as part of sentencing. Held: … Read More.

One Year Sentenced Changed To House Arrest On Appeal On Careless Use Of Firearm – R v Bergh, Alberta Court Of Appeal

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Defence appeal from one-year jail sentence imposed for s 86(1) CC offence. Gun was discharged, causing serious injuries, during sex between appellant & complainant as he was running it along her side, back and buttocks. Neither party knew it was loaded. Both were using intoxicants. Appellant argued sentencing judge erred in overemphasizing dated criminal record … Read More.

Additional Enhanced Credit For Time Served Denied – R v Adams, 2019 Alberta Court Of Appeal

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Defence appeal from sentence of 6 years and 3 months’ jail for distribution of child pornography, luring, criminal harassment, sexual interference, and uttering threats. Appellant argued sentencing judge’s credit of the equivalent of 3.6:1 for time spent in remand did not factor in lengthy placement in lockdown for 21-23 hours/day arising from administrative segregation, protective … Read More.

January 28th, 2019

5 years 18.5 months prison on plea of guilty to criminal negligence causing death of infant – R. v Calahoo, 2019 Edmonton Queen’s Bench

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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

1 Yr. Minimum Jail For Possession Of Child Pornography Unconstitutional – R. v. Brittain, 2018 Edmonton Queen’s Bench (1513455Q1)

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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

No Contact Bail Breach Receives Lessor Sentence As Neither Party Wanted Condition – R. v. Rowan, 2018 Leduc Provincial Court

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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.

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.

Revenge Porn Receives 90 Day Intermittent Jail – R. v. T.D., 2018 Medicine Hat Provincial Court

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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.