August 26th, 2020
R v Derry, 2020 Calgary Provincial Court – Conditional Discharge For Assault Causing Ruptured Eardrum
Accused pleaded guilty to assault causing bodily harm. He was looking after the child of his partner. Complainant was the child’s father. He was not happy that the accused was involved with care of the child, and confronted him. Accused asked him to leave, but he did not. Complainant stated that, for all he knew, … Read More.
R v Laverdiere, 2020 Edmonton Court Of Appeal – 7 Year Sentenced For Beating Reduced To 5 Years For Parity With Co-Accused
Defence appeal of 7-year sentence for aggravated assault after trial. Accused and co-accused attacked the complainant, all of whom were inmates at ERC. Accused punched complainant six times; co-accused punched him about 30 and kicked him in the head three times. Serious lasting injuries. Co-accused received 4-year sentence on early guilty plea. Held: Appeal allowed; … Read More.
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.
December 9th, 2019
Youth Court Not Bound To Follow Consecutive Sentence Requirements Of Criminal Code – R v SC 2019 Calgary Youth Court
Young person pled guilty to offences contrary to ss 268 and 270.01(b) CC. The issue was whether the Court had discretion to impose a concurrent sentence or whether it was bound by s 270.03 CC (which requires a consecutive sentence for other offences committed against a law enforcement officer arising out of the same event). … Read More.
September 20th, 2019
The Accused was part of a sophisticated international plan developed by a criminal organization to import large quantities of drugs. Wholesale value of the methamphetamine was around $560,000. The Accused was responsible for the actual importation of 14.5 kg of meth from the USA to Canada. She was convicted after trial of s 5(2) and … 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.
Sentence Reduced From 3 Years, 5 Months to 2 Years For Fentanyl Trafficking – R v Churchill, 2019 Alberta Court Of Appeal
Appeal from a global sentence of 3 years and 5 months (including other drug and weapons offences) on the basis that the trial judge erred in categorizing a “holding out” offence in the same sentence range as trafficking fentanyl. Appellant was convicted of trafficking in fentanyl. He sold a substance represented to be fentanyl to … Read More.
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
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
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
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.