July 23rd, 2019
R v Matchee, 2019 Alberta Court Of Appeal – 7 Year Robbery Sentence Reduced to 6 Due To Gladue Factors
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.
R v Churchill, 2019 Alberta Court Of Appeal – Sentence Reduced From 3 Years, 5 Months to 2 Years For Fentanyl Trafficking
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.
One Year Sentenced Changed To House Arrest On Appeal On Careless Use Of Firearm – R v Bergh, Alberta Court Of Appeal
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.
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
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)
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
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.