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.

August 28th, 2018

Discharge Rejected For Illegal Sale Of Tobacco – R v Martin, 2018 Leduc Provincial Court

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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

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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

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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

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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

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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

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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

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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.