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
No Credit Towards Driving Prohibition For Previous Administative Suspension – R v Huebner, 2018 Calgary Provincial Court
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
Provincial Court Can Correct “Unintended Outcome” Due To Mistake Of Parties – R v Gallant, 2018 Calgary Provincial Court
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
3.5 Years Jail For Sexual Assault, Making/Distributing Child Pornography Upheld – R v S.L.W., 2018 Alberta Court Of Appeal
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
10 Year Sentence For Sexual Interference and Luring Involving 13 Year Old Complainant Upheld – R v Martial, 2018 Alberta Court Of Appeal
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.
Failure To Properly Consider Gladue Factors Not Fatal To Dangerous Offender Finding – R v Wolfleg, 2018 Alberta Court Of Appeal
Defence appeal of dangerous offender designation and indeterminate sentence. Accused was Indigenous, but no Gladue report was ordered for the dangerous offender hearing. Issue on appeal of whether sentencing judge failed to properly address Gladue factors. Held: Appeal dismissed. Leave granted to admit fresh evidence of a Gladue report. In any sentencing proceeding for an … Read More.
2 Year CSO Upheld For Breach Of Trust By Police Officer – R v Harrison, 2018 Alberta Court Of Appeal
Crown appeal of a 2-year conditional sentence order after accused pleaded guilty to breach of trust by a public officer under s 122 CC. Accused was an RCMP officer who had improperly accessed confidential police databases. Held: Appeal dismissed. “The appellant says there is a sentencing principle that for breach of public trust by a … Read More.
June 1st, 2018
Defence appeal from sentence of 10.5 years for numerous offences including kidnapping, break & enter and commit robbery, theft of a vehicle, and firearms offences. Home occupants were beaten, threatened with a shotgun, and forced into a vehicle and driven some distance away. Held: Appeal allowed; sentence reduced by 1.5 years to 9 years. Court … Read More.
December 8th, 2017
Accused originally charged with possession of child pornography and breach of bail. Admitted on guilty plea to pornography charge and breach charge withdrawn. As part of resolution Crown agreed to re-elect to summary conviction proceeding from indictment, reducing the mandatory minimum jail sentence available from 1 year to 6 months. Joint submission for minimum available … Read More.
November 30th, 2016
Client charged with trafficking crack cocaine to an undercover officer. Client was targeted by an undercover operation because client was a known drug addict who was attending at a public location that was believed to a location where drugs were frequently sold. Client agreed to act as a middleperson for a drug transaction if the … Read More.