June 3rd, 2019

Mandatory Minimum Sentence For Sexual Interference Struck Down – R v Ford, 2019 Alberta Court Of Appeal

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Accused convicted of sexual interference after trial and sentenced to 6 months jail plus 3 years probation, after the trial judge struck down the mandatory minimum sentence for s 151(a) CC. Crown appealed. The 20-year-old accused communicated with the 13-year-old complainant on Facebook for a couple months, then had sex with her in a public … 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.

October 27th, 2016

R v Hammermeister, 2016 ABCA 302 per Costigan, Watson, Schutz, JA – T. Judge: Stevens, PCJ:

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Crown appeal from 2 year jail sentence imposed in relation to offences including sexual interference and luring. 28 year old accused and 13 year old complainant. No record. ‘De facto consent’ case. Held: Appeal allowed, 4 years jail imposed. Hajar, 2016 ABCA 222 now establishes a 3 year starting point for major sexual interference. There … Read More.