IN THE COURT OF APPEAL OF MANITOBA
|
|
- Geraldine Webster
- 5 years ago
- Views:
Transcription
1 Citation: R v Gladue, 2018 MBCA 89 Date: Docket: AR IN THE COURT OF APPEAL OF MANITOBA Coram: Madam Justice Holly C. Beard Madam Justice Diana M. Cameron Madam Justice Jennifer A. Pfuetzner B ETWEEN : HER MAJESTY THE QUEEN ) T. L. Mariash ) for the Appellant Respondent ) ) A. C. Bergen - and - ) for the Respondent ) RANDAL WAYLON MATHEW GLADUE ) Appeal heard and ) Decision pronounced: (Accused) Appellant ) September 10, 2018 On appeal from 2018 MBPC 9 CAMERON JA (for the Court): [1] The accused applied for leave to appeal and, if granted, appeals his sentence of four years imprisonment less 540 days of credit for pre-sentence custody concurrent for two counts of armed robbery (sections (1)(b) of the Criminal Code) and one count of possession of property obtained by crime (section 354(1)). Since the outset of these proceedings, the Crown has conceded that the four-year sentence imposed regarding the count of possession of property obtained by crime was an illegal sentence and asked that the sentence be varied to one of two years imprisonment concurrent. Counsel for the accused submitted that a sentence of six months concurrent for that count would be appropriate.
2 Page: 2 [2] At the conclusion of the oral hearing of the appeal, we granted leave to appeal the sentence and allowed the appeal to the extent that we varied the sentence for the count of possession of property obtained by crime to one of 12 months imprisonment to be served concurrently. We dismissed the balance of the appeal with brief reasons to follow. These are those reasons. [3] On the date of the incident, the accused, along with a co-accused, committed a number of robberies during the late afternoon and early evening hours near the University of Winnipeg (the University) downtown campus. Later that same night, they were detained when police stopped a vehicle in which they were passengers. Subsequent searches revealed that they were in possession of items that had been stolen during the robberies. As a result, they were each charged with five counts of armed robbery. [4] The co-accused gave a statement admitting her involvement. She entered guilty pleas to all five counts of robbery. She was sentenced concurrently on all counts to 30 months imprisonment less 11 months of presentence custody for a total of 19 months going forward to be followed by three years of supervised probation. [5] The accused elected to have a trial in the Provincial Court. On the date scheduled for trial, the Crown and defence counsel (the same defence counsel as in this appeal) reached an agreement that the accused would plead guilty to two counts of armed robbery and guilty to a lesser included offence of possession of property obtained by crime. The foundation for the latter offence consisted of the fact that, at the time of his arrest, the accused was found in possession of items that came from the robberies, for which the coaccused was convicted but the accused was not.
3 Page: 3 [6] The facts of the first robbery to which the accused pled guilty are that the accused and co-accused approached a student from the University at a nearby pizza place. They forced him into a corner of the store and the accused asked him if he had anything to provide them. Upon the victim stating that he had nothing to give them, the co-accused produced a hunting knife and showed it to him. The victim subsequently produced his change purse. The accused then frisked the victim and stole his smartphone and wallet. The two fled the area. [7] The second robbery to which the accused pled guilty occurred a few hours later. At that time, the accused and co-accused approached a young woman who had attended to her parked vehicle. They surrounded her and robbed her of her shoulder bag, including her iphone, glasses, MacBook, wallet and textbooks. The accused punched the woman in the face. He then pulled out a knife and stabbed her in the lower back, penetrating her winter parka and causing a two-inch laceration, which required eight staples to close. [8] Each victim was significantly psychologically affected by the respective robberies. [9] The standard of review of the sentencing judge s decision is clear. Absent an error in principle, failure to consider a relevant factor or the erroneous consideration of an aggravating or mitigating factor, the decision of the sentencing judge is afforded deference. Even where such an error occurs, appellate intervention is only justified where such an error had an impact on the sentence in more than just an incidental way. See R v Lacasse, 2015 SCC 64 at paras 43-44; and R v Houle, 2016 MBCA 121 at para 11.
4 Page: 4 [10] The accused claims that the sentencing judge made two errors in principle that resulted in an unfit sentence. First, he claims that the sentencing judge applied the wrong range of sentencing for a mugging type of robbery. In this regard, he asserts that the sentencing judge erred in relying on sentencing ranges set out by this Court in circumstances where there are vulnerable victims such as taxicab drivers and convenience store workers. [11] We do not agree. While it is true that the sentencing judge stated that in reaching his sentence he was considering the cases of R v Wozny, 2010 MBCA 115 (gas station robberies); and R v Charlette (JJ), 2015 MBCA 32 (robbery of a taxicab driver), he also considered the decision in R v Okemow, 2017 MBCA 59 (street mugging). In Okemow, Maniella JA defined a street mugging as a robbery conducted in a public place, typically where the parties do not know each other, and where the motive of the assailant or assailants is to steal the victim s property (at para 116). He noted that a starting point of 12 to 18 months imprisonment has been recognized in Alberta and British Columbia for such a crime. However, that is merely a starting point and it can be increased depending on the degree of planning, the use of a weapon, the vulnerability of the victim or the existence of a lengthy or related criminal record. Mainella JA also emphasised that, where the violence used is particularly serious in terms of the injuries caused or those foreseeable from the force used, a longer sentence will be called for (at para 117). He concluded that, in his view, in the cases of street muggings where serious harm is caused to the victim, denunciation and deterrence will as a general rule, result in a penitentiary sentence, even for a youthful first offender with reasonable prospects for rehabilitation (at para 119).
5 Page: 5 [12] In this case, the sentencing judge was particularly concerned with the degree of violence inflicted on the victim of the second robbery. In his view, denunciation and deterrence were paramount factors to consider. Considering the circumstances of the two robberies, he did not err in his application of the sentencing range. The accused had a lengthy record with convictions for violence-related offences, a weapon was used in each robbery and serious violence was used in the second robbery. [13] Next, the accused argues that the sentencing judge erred by refusing to apply the principle of parity as required by section 718.2(b) of the Criminal Code. He argues that the sentence imposed on him was unjustifiably greater than that imposed on the co-accused, who had a similar criminal record and similar Gladue factors to his (see R v Gladue, [1999] 1 SCR 688). [14] The sentencing judge was aware of and considered the accused s Gladue factors. As well, he was aware that the judge who sentenced the coaccused placed significant weight on those factors in reaching her decision. However, in refusing to impose a sentence of 39 months imprisonment, as requested by counsel for the accused, the sentencing judge considered the case of R v Souter, 1998 ABCA 346. He quoted with approval a portion of the case including the assertion that where the court concludes that the sentence to which parity is sought is demonstrably unfit... the rule of parity does not demand that a court impose a sentence which it finds demonstrably unfit (at para 24). In his view, the degree of violence perpetrated on the victim by the accused during the second robbery was significant. He noted that the accused punched the victim of the second robbery in the face. Further, he emphasised that the accused stabbed the victim in the back only after the robbery was complete (which he considered to be tantamount to an aggravated
6 Page: 6 assault). In his view, the sentence did not sufficiently address the principles of denunciation and deterrence and would, for this offender, therefore be unfit. [15] While it is incumbent on a sentencing judge to consider the principle of parity, it cannot eclipse other relevant sentencing principles. See R v Rocha, 2009 MBCA 26 at paras The principle of parity is not absolute and a disparate sentence will not violate the parity principle as long as it is warranted. As noted by the sentencing judge, the principle of parity also involves parity among the broader spectrum of similar offenders who have committed similar offences. [16] In this case, the level of moral blameworthiness of the accused in relation to the second robbery was considerably higher than that of the coaccused he perpetrated significant violence on the victim. As well, unlike the accused, the co-accused provided a statement and entered guilty pleas without having engaged the time and effort required to proceed to a trial. In our view, the accused has not shown that the sentencing judge erred resulting in an unfit sentence. [17] In the result, for all of the above reasons, we granted leave to appeal, allowed the appeal of the sentence for the count of possession of property obtained by crime and imposed a sentence of 12 months imprisonment to be served concurrently and dismissed the sentence appeal for the two robberies. Cameron JA Beard JA Pfuetzner JA
IN THE COURT OF APPEAL OF MANITOBA
Citation: R v Yare, 2018 MBCA 114 Date: 20181031 Docket: AR18-30-09033 IN THE COURT OF APPEAL OF MANITOBA Coram: Mr. Justice William J. Burnett Madam Justice Janice L. lemaistre Madam Justice Karen I.
More informationCitation: R v Dalkeith-Mackie, 2018 MBCA 118 Date: Docket: AR IN THE COURT OF APPEAL OF MANITOBA
Citation: R v Dalkeith-Mackie, 2018 MBCA 118 Date: 20181108 Docket: AR17-30-08939 IN THE COURT OF APPEAL OF MANITOBA Coram: Mr. Justice Michel A. Monnin Madam Justice Holly C. Beard Madam Justice Janice
More informationPROVINCE OF PRINCE EDWARD ISLAND IN THE SUPREME COURT - APPEAL DIVISION HER MAJESTY THE QUEEN STACEY REID BLACKMORE
Date: 19991207 Docket: AD-0832 Registry: Charlottetown PROVINCE OF PRINCE EDWARD ISLAND IN THE SUPREME COURT - APPEAL DIVISION BETWEEN: AND: HER MAJESTY THE QUEEN STACEY REID BLACKMORE APPELLANT RESPONDENT
More informationCOURT OF QUEEN S BENCH OF MANITOBA
Date: 20180405 Docket: CR 15-01-35037 (Winnipeg Centre) Indexed as: R. v. Stuart Cited as: 2018 MBQB 54 COURT OF QUEEN S BENCH OF MANITOBA B E T W E E N: HER MAJESTY THE QUEEN, ) Counsel: ) ) for the Crown
More informationIN THE COURT OF APPEAL OF NEWFOUNDLAND AND LABRADOR HER MAJESTY THE QUEEN
IN THE COURT OF APPEAL OF NEWFOUNDLAND AND LABRADOR Citation: R. v. Martin, 2018 NLCA 12 Date: February 22, 2018 Docket: 201701H0055 BETWEEN: HER MAJESTY THE QUEEN APPELLANT AND: SKYE MARTIN RESPONDENT
More informationPROVINCE OF PRINCE EDWARD ISLAND IN THE SUPREME COURT - TRIAL DIVISION. Her Majesty the Queen. against. Corey Blair Clarke
Citation: R v Clarke Date:20050216 2005 PCSCTD 10 Docket:S 1 GC 384 Registry: Charlottetown PROVINCE OF PRINCE EDWARD ISLAND IN THE SUPREME COURT - TRIAL DIVISION Her Majesty the Queen against Corey Blair
More informationCOURT OF QUEEN S BENCH OF MANITOBA
Date: 20171121 Docket: YO 16-01-35006 (Winnipeg Centre) Indexed as: R. v. Green Cited as: 2017 MBQB 181 COURT OF QUEEN S BENCH OF MANITOBA BETWEEN: ) APPEARANCES: ) HER MAJESTY THE QUEEN ) Cindy Sholdice
More informationHOME INVASIONS FIRST ISSUED: APRIL 3, 2000 LAST SUBSTANTIVE REVISION: APRIL 3, 2000
DOCUMENT TITLE: HOME INVASIONS NATURE OF DOCUMENT: AG DIRECTIVE FIRST ISSUED: APRIL 3, 2000 LAST SUBSTANTIVE REVISION: APRIL 3, 2000 EDITED / DISTRIBUTED: SEPTEMBER 3, 2002 NOTE: THIS POLICY DOCUMENT IS
More informationConditional Sentences in Manitoba: A Prisoner in Your Own Home
Conditional Sentences in Manitoba: A Prisoner in Your Own Home JEFFREY J. GINDIN * I. INTRODUCTION P rior to September of 1996, when a judge sentenced an accused to a jail sentence, he or she was immediately
More informationIN THE COURT OF APPEAL OF MANITOBA
Citation: R v JMS, 2018 MBCA 117 Date: 20181102 Docket: AR17-30-08983 IN THE COURT OF APPEAL OF MANITOBA Coram: Mr. Justice Marc M. Monnin Madam Justice Diana M. Cameron Madam Justice Karen I. Simonsen
More informationSUPREME COURT OF NOVA SCOTIA Citation: R. v. Smith, 2017 NSSC 122. v. Tyrico Thomas Smith
SUPREME COURT OF NOVA SCOTIA Citation: R. v. Smith, 2017 NSSC 122 Date: 20170509 Docket: Cr. No. 449182 Registry: Halifax Between: Her Majesty the Queen v. Tyrico Thomas Smith Judge: Heard: Sentencing
More informationNOVA SCOTIA COURT OF APPEAL Citation: R. v. George, 2016 NSCA 88. Steven William George
NOVA SCOTIA COURT OF APPEAL Citation: R. v. George, 2016 NSCA 88 Date: 20161209 Docket: CAC 449452 Registry: Halifax Between: Her Majesty the Queen v. Steven William George Appellant Respondent Judge:
More informationCitation: R v Beaulieu, 2018 MBCA 120 Date: Docket: AR IN THE COURT OF APPEAL OF MANITOBA
Citation: R v Beaulieu, 2018 MBCA 120 Date: 20181114 Docket: AR17-30-08802 IN THE COURT OF APPEAL OF MANITOBA Coram: Madam Justice Holly C. Beard Madam Justice Jennifer A. Pfuetzner Madam Justice Janice
More informationCase Name: R. v. Khosa. Between Regina, and Harmohinder Singh Khosa. [2014] B.C.J. No BCSC CarswellBC W.C.B.
Page 1 Case Name: R. v. Khosa Between Regina, and Harmohinder Singh Khosa [2014] B.C.J. No. 215 2014 BCSC 194 2014 CarswellBC 305 111 W.C.B. (2d) 876 Docket: 59889-2 Registry: Chilliwack British Columbia
More informationThe Criminal Justice System: From Charges to Sentencing
The Criminal Justice System: From Charges to Sentencing The Key Principles The aim the system is to protect and to regulate society, to punish offenders and to offer rehabilitation; The Government, through
More informationPROVINCIAL COURT OF NOVA SCOTIA Citation: R. v. Landry, 2018 NSPC 8. v. Elvin Scott Landry SENTENCING DECISION
PROVINCIAL COURT OF NOVA SCOTIA Citation: R. v. Landry, 2018 NSPC 8 Date: 2018-03-20 Docket: 8091424, 8120921, 8126987, 8171986, 8171987, 8196786 Registry: Pictou Between: Her Majesty the Queen v. Elvin
More informationCRIMINAL LITIGATION PRE-COURSE MATERIALS
Legal Practice Course 2014-2015 CRIMINAL LITIGATION PRE-COURSE MATERIALS Copyright Bristol Institute of Legal Practice, UWE AN INTRODUCTION TO CRIMINAL LITIGATION 1. Introduction: You will be studying
More informationIN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR COURT OF APPEAL
IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR COURT OF APPEAL BETWEEN: Citation: R. v. Scott, 2016 NLCA 16 Date: April 26, 2016 Docket: 201501H0001 AND: JOHN SCOTT HER MAJESTY THE QUEEN APPELLANT RESPONDENT
More informationIN THE COURT OF APPEAL OF MANITOBA
Citation: City of Winnipeg v Innocent Vision Inc, Date: 20180813 2018 MBCA 76 Docket: AR18-30-09058 B ETWEEN : IN THE COURT OF APPEAL OF MANITOBA ) R. M. McElhoes CITY OF WINNIPEG ) for the Applicant )
More informationPROVINCIAL COURT OF NOVA SCOTIA Citation: R. v. MacLean, 2015 NSPC 70. v. Nathan Fred Grant MacLean SENTENCING DECISION
PROVINCIAL COURT OF NOVA SCOTIA Citation: R. v. MacLean, 2015 NSPC 70 Date: 2015-10-15 Docket: 2825618 Registry: Pictou Between: Her Majesty the Queen v. Nathan Fred Grant MacLean SENTENCING DECISION Restriction
More informationNOVA SCOTIA COURT OF APPEAL Citation: R. v. MacDonald, 2016 NSCA 27. Between: James Malcolm Russell MacDonald. v. Her Majesty the Queen
NOVA SCOTIA COURT OF APPEAL Citation: R. v. MacDonald, 2016 NSCA 27 Date: 20160420 Docket: CAC 435925 Registry: Halifax Between: James Malcolm Russell MacDonald v. Her Majesty the Queen Appellant Respondent
More informationKARL MURRAY BROWN Appellant. THE QUEEN Respondent. Ellen France, MacKenzie and Mallon JJ JUDGMENT OF THE COURT REASONS OF THE COURT
IN THE COURT OF APPEAL OF NEW ZEALAND CA686/2013 [2014] NZCA 93 BETWEEN AND KARL MURRAY BROWN Appellant THE QUEEN Respondent Hearing: 18 February 2014 Court: Counsel: Judgment: Ellen France, MacKenzie
More informationAppellant. JOHN DAVID WRIGHT Respondent JUDGMENT OF THE COURT
IN THE COURT OF APPEAL OF NEW ZEALAND CA831/2013 [2014] NZCA 119 BETWEEN AND THE QUEEN Appellant JOHN DAVID WRIGHT Respondent Hearing: 12 March 2014 Court: Counsel: Judgment: Wild, Goddard and Clifford
More informationNOVA SCOTIA COURT OF APPEAL Citation: R. v. Hatt, 2017 NSCA 36. Her Majesty the Queen
NOVA SCOTIA COURT OF APPEAL Citation: R. v. Hatt, 2017 NSCA 36 Date: 20170509 Docket: CAC 457828 Registry: Halifax Between: Richard Edward Hatt v. Her Majesty the Queen Appellant Respondent Judge: Appeal
More informationSubject: Offences Committed Against Peace Officers Date: October 2015
Manitoba Department of Justice Prosecutions Policy Directive Guideline No. 2:PRO:1 Subject: Offences Committed Against Peace Officers Date: October 2015 POLICY STATEMENT: Peace officers are on the front
More informationMANDATORY MINIMUM SENTENCES: HANDCUFFING THE PRISONER OR THE JUDGE?
MANDATORY MINIMUM SENTENCES: HANDCUFFING THE PRISONER OR THE JUDGE?.THE CANADIAN EXPERIENCE SO FAR American Judges Association, Annual Educational Conference October 7, 2014 Las Vegas, Nevada Judge Catherine
More informationSection 810. This booklet explains the 810 process, what your rights are and how to get legal help.
INFORMATION FOR FEDERAL PRISONERS IN BRITISH COLUMBIA Section 810 The Criminal Code of Canada allows a judge or justice of the peace to require you to enter into a recognizance (like a peace bond) if there
More informationSUPREME COURT OF CANADA. CITATION: R. v. Miljevic, 2011 SCC 8 DATE: DOCKET: 33714
SUPREME COURT OF CANADA CITATION: R. v. Miljevic, 2011 SCC 8 DATE: 20110216 DOCKET: 33714 BETWEEN: Marko Miljevic Appellant and Her Majesty The Queen Respondent CORAM: McLachlin C.J. and Deschamps, Fish,
More informationTHE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT DANIEL WILLIAM MOKELA. (135/11) [2011] ZASCA 166 (29 September 2011)
THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT Case no: 135/11 In the matter between: DANIEL WILLIAM MOKELA Appellant and THE STATE Respondent Neutral citation: Mokela v The State (135/11) [2011]
More informationCOURT OF QUEEN S BENCH OF MANITOBA
Summary conviction appeal from a Judicial Justice of the Peace and Provincial Court Judge Date: 20181031 Docket: CR 17-01-36275 (Winnipeg Centre) Indexed as: R. v. Grant Cited as: 2018 MBQB 171 COURT OF
More informationPage: 1 PROVINCE OF PRINCE EDWARD ISLAND IN THE SUPREME COURT - APPEAL DIVISION
Page: 1 PROVINCE OF PRINCE EDWARD ISLAND IN THE SUPREME COURT - APPEAL DIVISION Citation: J.J.C. (a young offender) v. R. 2003 PESCAD 26 Date: 20031020 Docket: S1-AD-0987 Registry: Charlottetown Publication
More informationIntroduction to Sentencing and Corrections
Introduction to Sentencing and Corrections Traditional Objectives of Sentencing retribution, segregation, rehabilitation, and deterrence. Political Perspectives on Sentencing Left Left Wing Wing focus
More information"SOME THOUGHTS ON GUILTY PLEAS AND SENTENCING"
"SOME THOUGHTS ON GUILTY PLEAS AND SENTENCING" ( ( )',~- These materials were prepared by Patrick Reis, of Saskatchewan Legal Aid Commission (Regina Rural Office) Regina, Saskatchewan for thesaskatchewan
More informationCitation: R. v. Cullen Date: PESCAD 16 Docket: AD-0862 Registry: Charlottetown
Citation: R. v. Cullen Date: 20000517 2000 PESCAD 16 Docket: AD-0862 Registry: Charlottetown PROVINCE OF PRINCE EDWARD ISLAND IN THE SUPREME COURT - APPEAL DIVISION BETWEEN: AND: HER MAJESTY THE QUEEN
More informationSUPREME COURT OF PRINCE EDWARD ISLAND HER MAJESTY THE QUEEN. - against - FRANCES GEORGINA LAMOUREUX. BEFORE: The Honourable Justice Wayne D.
SUPREME COURT OF PRINCE EDWARD ISLAND Citation: R. v. Lamoureux 2011 PESC 03 Date: 20110225 Docket: S1-GC-799 Registry: Charlottetown HER MAJESTY THE QUEEN - against - FRANCES GEORGINA LAMOUREUX BEFORE:
More informationTHE CROWN JUNIOR SAMI. NOTES OF JUDGE FWM McELREA ON SENTENCING
IN THE DISTRICT COURT AT AUCKLAND THE CROWN v JUNIOR SAMI Hearing: 14 October 2005 Appearances: S McColgan for the Crown J Edgar for the Defendant NOTES OF JUDGE FWM McELREA ON SENTENCING [1] The defendant,
More informationIN THE HIGH COURT OF NEW ZEALAND NAPIER REGISTRY CRI THE QUEEN ROBERT JOHN BROWN SENTENCING NOTES OF ANDREWS J
IN THE HIGH COURT OF NEW ZEALAND NAPIER REGISTRY CRI 2005-020-003954 THE QUEEN v ROBERT JOHN BROWN Hearing: 30 July 2008 Appearances: C R Walker for the Crown D H Quilliam for the Prisoner Judgment: 30
More informationI TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE CRI [2017] NZHC 2279 THE QUEEN PATRICK DIXON
IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE CRI-2016-092-012355 [2017] NZHC 2279 THE QUEEN v PATRICK DIXON Hearing: 20 September 2017 Counsel: L P
More informationSentencing and the Correctional System. Chapter 11
Sentencing and the Correctional System Chapter 11 1 Once a person has been found guilty of committing a crime, the judge imposes a sentence, or punishment. Generally, the goals of sentencing are to punish
More informationCriminal Law Guidebook - Chapter 12: Sentencing and Punishment
The following is a suggested solution to the problem on page 313. It represents an answer of an above average standard. The ILAC approach to problem-solving as set out in the How to Answer Questions section
More informationThe Queen. - v - DYLAN JACKSON. Sentencing Remarks of the Hon. Mr. Justice Picken. 10 December 2015
In the Crown Court at Nottingham The Queen - v - DYLAN JACKSON Sentencing Remarks of the Hon. Mr. Justice Picken 10 December 2015 1. After a trial lasting some eleven days or so including jury deliberations,
More informationISSUES. Saskatoon Criminal Defence Lawyers Association December 1, Fall Seminar, 1998: Bail Hearings and Sentencing. Prepared by: Andrew Mason
SENTENCING ISSUES Saskatoon Criminal Defence Lawyers Association December 1, 1998 Fall Seminar, 1998: Bail Hearings and Sentencing Prepared by: Andrew Mason Also available to members at the SCDLA Web site:
More informationIN THE COURT OF APPEAL OF BELIZE, A.D CRIMINAL APPEAL NO. 15 of 2009
IN THE COURT OF APPEAL OF BELIZE, A.D. 2011 CRIMINAL APPEAL NO. 15 of 2009 BETWEEN: THE QUEEN Appellant AND ALBERT GARBUTT JR. Respondent BEFORE: The Hon. Mr Justice Sosa President The Hon. Mr Justice
More informationNo IN THE SUPREME COURT OF THE STATE OF MONTANA
No. 90-549 IN THE SUPREME COURT OF THE STATE OF MONTANA 1992 IN RE THE PETITION OF KORI LANE LAKE. APPEAL FROM: District Court of the Fourth Judicial District, In and for the County of Mineral, The Honorable
More informationCitation: R. v. Finck, 2017 NSPC 73. Matthew Finck. Restriction on Publication: Pursuant to s of the Criminal Code DECISION ON SENTENCE
PROVINCIAL COURT OF NOVA SCOTIA Citation: R. v. Finck, 2017 NSPC 73 Date: 20171129 Docket: 8074143/8074144 Registry: Amherst Between: Her Majesty the Queen v. Matthew Finck Restriction on Publication:
More informationSUPREME COURT OF QUEENSLAND
SUPREME COURT OF QUEENSLAND CITATION: R v McVea [2004] QCA 380 PARTIES: R v McVEA, Peter Andrew (applicant) FILE NO/S: CA No 145 of 2004 SC No 337 of 2003 SC No 542 of 2003 DIVISION: PROCEEDING: ORIGINATING
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, FOR PUBLICATION April 15, 2003 9:10 a.m. v No. 225337 Oakland Circuit Court GEORGE WASHINGTON SCRUGGS, LC No. 99-168826-FC
More informationCOURT OF QUEEN'S BENCH OF MANITOBA
Date: 20180824 Docket: CR 14-01-34014 (Winnipeg Centre) Indexed as: R. v. Devloo and Ong Cited as: 2018 MBQB 140 COURT OF QUEEN'S BENCH OF MANITOBA B E T W E E N: HER MAJESTY THE QUEEN ) Counsel: ) - and
More informationForm 23 PRE-HEARING CONFERENCE REPORT FOR CROWN APPLICATIONS
Form 23 ONTARIO SUPERIOR COURT OF JUSTICE Region Court File No. (if known) NOTE: 1. This form must be completed in full in all cases, and signed by the assigned counsel, or a counsel authorized to bind
More informationEDITORIAL NOTE: SOME NAMES AND/OR DETAILS IN THIS JUDGMENT HAVE BEEN ANONYMISED.
EDITORIAL NOTE: SOME NAMES AND/OR DETAILS IN THIS JUDGMENT HAVE BEEN ANONYMISED. IN THE DISTRICT COURT AT MANUKAU CRI-2016-092-011259 [2017] NZDC 10782 THE QUEEN v ISAIAH MICHAEL PEKA Hearing: 24 May 2017
More informationGuidebook for Sentence Appeals
Guidebook for Sentence Appeals STEP 1: Reasons to Appeal 1.1 Before you start This online guide explains how to appeal a sentence (imposed for a conviction for an indictable offence) on your own. Before
More informationLaw 12 Substantive Assignments Reading Booklet
Law 12 Substantive Assignments Reading Booklet Reading # 1: Police and the Law Training and Qualifications Police officers have to go through both physical and academic training to become members of the
More informationYOU VE been CHARGED. with a CRIME What YOU. NEED to KNOW
YOU VE been CHARGED with a CRIME What YOU NEED to KNOW 1 This booklet is intended to provide general information only. If you require specific legal advice, please consult the appropriate legislation or
More informationIN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs October 29, 2002
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs October 29, 2002 JAMES ROBERT CRAWFORD v. STATE OF TENNESSEE Appeal from the Circuit Court for Cumberland County No. 5473B
More informationCitation: R. v. Long Date: PESCTD 87 Docket: S-1-GC-71 Registry: Charlottetown
Citation: R. v. Long Date: 20011030 2001 PESCTD 87 Docket: S-1-GC-71 Registry: Charlottetown PROVINCE OF PRINCE EDWARD ISLAND IN THE SUPREME COURT - TRIAL DIVISION HER MAJESTY THE QUEEN -against- JAMES
More informationNOVA SCOTIA COURT OF APPEAL Citation: R. v. Spencer, 2015 NSCA 108. Debra Jane Spencer. v. Her Majesty The Queen
NOVA SCOTIA COURT OF APPEAL Citation: R. v. Spencer, 2015 NSCA 108 Date: 20151202 Docket: CAC 444045 Registry: Halifax Between: Judge: Motion Heard: Debra Jane Spencer v. Her Majesty The Queen MacDonald,
More informationSUPREME COURT OF PRINCE EDWARD ISLAND. Her Majesty the Queen. against A.W.W. BEFORE: The Honourable Justice Gordon L. Campbell. Decision on Sentence
SUPREME COURT OF PRINCE EDWARD ISLAND Citation: R. v. A.W.W. 2010 PESC 35 Date: 20100715 Docket:S1 GC-724 Registry: Charlottetown Her Majesty the Queen against A.W.W. BEFORE: The Honourable Justice Gordon
More informationTOP FIVE R v LLOYD, 2016 SCC 13, [2016] 1 SCR 130. Facts. Procedural History. Ontario Justice Education Network
Each year at OJEN s Toronto Summer Law Institute, former Ontario Court of Appeal judge Stephen Goudge presents his selection of the top five cases from the previous year that are of significance in an
More informationIN THE SOUTH GAUTENG HIGH COURT OF SOUTH AFRICA (JOHANNESBURG)
1 SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy IN THE SOUTH GAUTENG HIGH COURT OF SOUTH AFRICA
More informationJOEL DYLAN BOWLIN Applicant. THE QUEEN Respondent. Harrison, Fogarty and Dobson JJ JUDGMENT OF THE COURT
23 April 2015 at 8 am - DRAFT IN THE COURT OF APPEAL OF NEW ZEALAND CA686/2014 [2015] NZCA 137 BETWEEN AND JOEL DYLAN BOWLIN Applicant THE QUEEN Respondent Hearing: 5 March 2015 Court: Counsel: Judgment:
More informationTHE CONSTITUTION (SENTENCING GUIDELINES FOR COURTS OF JUDICATURE) (PRACTICE) DIRECTIONS, 2013 ARRANGEMENT OF PARAGRAPHS
THE CONSTITUTION (SENTENCING GUIDELINES FOR COURTS OF JUDICATURE) (PRACTICE) DIRECTIONS, 2013 Paragraph ARRANGEMENT OF PARAGRAPHS PART I PRELIMINARY 1. Title. 2. Application. 3. Objectives of these Practice
More informationAppellant. THE QUEEN Respondent. Harrison, Goddard and Andrews JJ JUDGMENT OF THE COURT
DRAFT IN THE COURT OF APPEAL OF NEW ZEALAND CA761/2013 [2014] NZCA 375 BETWEEN AND BENJAMIN VAINU Appellant THE QUEEN Respondent Hearing: 29 July 2014 Court: Counsel: Judgment: Harrison, Goddard and Andrews
More informationSentencing Options. Introduction to Sentencing and Corrections Traditional Objectives of Sentencing
Introduction to Sentencing and Corrections Traditional Objectives of Sentencing retribution, segregation, rehabilitation, and deterrence (general & specific) Political Perspectives on Sentencing Left Wing
More informationTHE QUEEN JOHN MICHAEL COCKER. Counsel: K Stone for the Crown I M Antunovic for the Accused
NOT RECOMMENDED IN THE HIGH COURT OF NEW ZEALAND CRI-2004-085-1865 WELLINGTON REGISTRY THE QUEEN JOHN MICHAEL COCKER Counsel: K Stone for the Crown I M Antunovic for the Accused Sentencing: 15 October
More informationSentencing Act Examinable excerpts of PART 1 PRELIMINARY. 1 Purposes
Examinable excerpts of Sentencing Act 1991 as at 10 April 2018 1 Purposes PART 1 PRELIMINARY The purposes of this Act are (a) to promote consistency of approach in the sentencing of offenders; (b) to have
More informationSTATEMENT OF DEFENCE
ONTARIO SUPERIOR COURT OF JUSTICE Court File No.: CV-17-578059-00CP B E T W E E N: ROBIN CIRILLO Plaintiff - and - HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ONTARIO Defendant Proceedings under
More informationInformation Sharing Protocol
Information Sharing Protocol Young Persons with Status under the Youth Criminal Justice Act LEARNING SOLICITOR GENERAL Message from the Ministers The Information Sharing Protocol provides a provincial
More informationR. v. D.B., Introduction pending.
R. v. D.B., 2008 Introduction pending. R. v. D.B., 2008 SCC 25 Hearing: October 10, 2007; Judgment May 16, 2008 Present: McLachlin C.J. and Bastarache, Binnie, LeBel, Deschamps, Fish, Abella, Charron and
More informationIN THE COURT OF APPEAL OF NEW ZEALAND CA198/2016 [2017] NZCA 404. GEORGE CHARLIE BAKER Appellant. THE QUEEN Respondent. Hearing: 31 July 2017
NOTE: DISTRICT COURT ORDER PROHIBITING PUBLICATION OF NAME, ADDRESS, OCCUPATION OR IDENTIFYING PARTICULARS OF COMPLAINANT IN OFFENDING OF 27 AUGUST 2009 REMAINS IN FORCE. IN THE COURT OF APPEAL OF NEW
More informationCourt of Appeal of Alberta Criminal Appeal Rules Approved by the Court of Appeal April 16, 2018, Canada Gazette (2018) SI/ , 152 C Gaz II, 1050
Court of Appeal of Alberta Criminal Appeal Rules Approved by the Court of Appeal April 16, 2018, Canada Gazette (2018) SI/2018-34, 152 C Gaz II, 1050 (May 2, 2018). Starts at rule # Division 1: Interpretation
More informationPolice Newsletter, July 2015
1. Supreme Court of Canada rules on the constitutionality of warrantless cell phone and other digital device search and privacy. 2. On March 30, 2015, the Ontario Court of Appeal ruled police officers
More informationJUSTICES CLERKS SOCIETY SENIOR DISTRICT JUDGE (CHIEF MAGISTRATE)
Senior District Judge (Chief Magistrate) JUSTICES CLERKS SOCIETY SENIOR DISTRICT JUDGE (CHIEF MAGISTRATE) Youth Court Jurisdiction The Modern Approach July 2015 This is the joint advice of the Justices'
More informationIN THE SUPREME COURT OF SWAZILAND
IN THE SUPREME COURT OF SWAZILAND JUDGMENT Appeal Case No. 05/2016 In the matter between: SABELO KUNENE Applicant And REX Respondent Neutral citation: Sabelo Kunene and Rex (05/2016) [2017] SZSC 42 (11
More informationHer Majesty The Queen (respondent) v. Z. (A.A.) (young person/accused/appellant) (AY ; 2013 MBCA 33) Indexed As: R. v. A.A.Z.
Her Majesty The Queen (respondent) v. Z. (A.A.) (young person/accused/appellant) (AY 11-30-07655; 2013 MBCA 33) Indexed As: R. v. A.A.Z. Manitoba Court of Appeal Scott, C.J.M., Hamilton and Beard, JJ.A.
More informationCOURT OF QUEEN'S BENCH OF MANITOBA
On review from a decision of Provincial Court Judge, July 24, 2018 Date: 20190204 Docket: CR 18-15-00824 (Thompson Centre) Indexed as: R. v. Kelly-White Cited as: 2019 MBQB 22 COURT OF QUEEN'S BENCH OF
More informationIN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs October 25, 2006
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs October 25, 2006 STATE OF TENNESSEE v. TIMOTHY CARROLL CASTEEL Direct Appeal from the Circuit Court for Bedford County Nos.
More informationSUPREME COURT OF QUEENSLAND
SUPREME COURT OF QUEENSLAND CITATION: R v Cornwall [2005] QCA 345 PARTIES: R v CORNWALL, Jason Colin (applicant/appellant) FILE NO/S: CA No 156 of 2005 DC No 147 of 2005 DIVISION: PROCEEDING: ORIGINATING
More informationCRIMINAL CODE AMENDMENT (N0. 2) ACT 2000 BERMUDA 2000 : 23 CRIMINAL CODE AMENDMENT (N0. 2) ACT 2000
BERMUDA 2000 : 23 [Date of Assent 11 July 2000] [Operative Date ] WHEREAS it is expedient to amend the Criminal Code Act 1907 to make further provision with respect to sex offenders and violent offenders:
More informationCase Name: R. v. Cardinal. Between Her Majesty the Queen, Respondent, and Ernest Cardinal and William James Cardinal, Applicants. [2011] A.J. No.
Page 1 Case Name: R. v. Cardinal Between Her Majesty the Queen, Respondent, and Ernest Cardinal and William James Cardinal, Applicants [2011] A.J. No. 203 2011 ABCA 72 Dockets: 1003-0328-A, 1003-0329-A
More informationIN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE April 23, 2002 Session
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE April 23, 2002 Session STATE OF TENNESSEE v. CHARLES EUGENE JONES Direct Appeal from the Criminal Court of Sullivan County No. S44,406 Phyllis
More informationA Sentencing Guideline for Theft Offences within the ECSC
A Sentencing Guideline for Theft Offences within the ECSC Within the ECSC, on the nine member states and territories there are sometimes different words used to describe the dishonest appropriation of
More informationCrimes (Sentencing Procedure) Amendment (Standard Minimum Sentencing) Act 2002 No 90
New South Wales Crimes (Sentencing Procedure) Amendment (Standard Minimum Contents Page 1 Name of Act 2 2 Commencement 2 3 Amendment of Crimes (Sentencing Procedure) Act 1999 No 92 and other Acts 2 Schedules
More informationSUPREME COURT OF QUEENSLAND
SUPREME COURT OF QUEENSLAND CITATION: R v Mullen [2006] QCA 317 PARTIES: R V MULLEN, Todd Kenneth (applicant) FILE NO/S: CA No 175 of 2006 DC No 3220 of 2005 DC No 1341 of 2006 DC No 1512 of 2006 DC No
More informationPROVINCIAL COURT OF NOVA SCOTIA Citation: R. v. Hanlon, 2016 NSPC 32. v. Christopher Rae Hanlon
PROVINCIAL COURT OF NOVA SCOTIA Citation: R. v. Hanlon, 2016 NSPC 32 Date: 20160315 Docket: 2872044, 2872045, 2901871, 2901867, 2901868, 2932043, 2932044, 2932081 and 2932082 Registry: Halifax Between:
More informationIN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs August 28, 2018
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs August 28, 2018 12/26/2018 STATE OF TENNESSEE v. KENNEDY FLEMING Appeal from the Criminal Court for Hamilton County No. 286635
More informationSUPREME COURT OF CANADA. Fish J. (Binnie J. concurring)
SUPREME COURT OF CANADA CITATION: R. v. Angelillo, 2006 SCC 55 DATE: 20061208 DOCKET: 30681 BETWEEN: Her Majesty The Queen Appellant and Gennaro Angelillo Respondent OFFICIAL ENGLISH TRANSLATION: Reasons
More informationDomestic Violence, Crime and Victims Bill [HL]
[AS AMENDED IN STANDING COMMITTEE E] CONTENTS PART 1 DOMESTIC VIOLENCE ETC Amendments to Part 4 of the Family Law Act 1996 1 Breach of non-molestation order to be a criminal offence 2 Additional considerations
More informationISSUES FOR DISCUSSION
BAIL HEARINGS ISSUES FOR DISCUSSION Saskatoon Criminal Defence Lawyers Association December 1, 1998 Fall Seminar, 1998: Bail Hearings and Sentencing Also available to members at the SCDLA Web site: http://www.lexicongraphics.com/scdla.htm
More informationIN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE July 24, 2018 Session
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE July 24, 2018 Session 09/13/2018 STATE OF TENNESSEE v. KAYLECIA WOODARD Appeal from the Criminal Court for Knox County No. 104200 Steven Wayne
More informationUSA v. William Hoffa, Jr.
2009 Decisions Opinions of the United States Court of Appeals for the Third Circuit 12-2-2009 USA v. William Hoffa, Jr. Precedential or Non-Precedential: Precedential Docket No. 08-3920 Follow this and
More informationSentencing: Update and Recent Trends. CLE Criminal Law Conference Halifax, NS November 20,1998 David J. Bright, Q.C.
Sentencing: Update and Recent Trends CLE Criminal Law Conference Halifax, NS November 20,1998 David J. Bright, Q.C. Introduction Know all men that we, with the aid of upright counselors have laid down
More informationIN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY CRI [2014] NZHC CHANTELL PENE NGATIKAI Appellant
IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY CRI 2014-004-000413 [2014] NZHC 3294 BETWEEN AND CHANTELL PENE NGATIKAI Appellant NEW ZEALAND POLICE Respondent Hearing: 16 December 2014 Appearances:
More informationPRE-TRIAL COORDINATION PROTOCOL ADULT CHARGES
PRE-TRIAL COORDINATION PROTOCOL ADULT CHARGES This Protocol is subject to change. It is expected that over time changes will be made and the Protocol will be amended. Please refer to our website at www.manitobacourts.mb.ca
More informationSeveral years ago, Canada s Parliament identified two concerns with our justice system as it applies to sentencing:
The Conditional Sentence Option Chief Justice Michael MacDonald Chief Justice of Nova Scotia May 2003, Updated August 2013 As a result of an amendment made to the Criminal Code in 1996, judges are now
More informationSENTENCING SUBMISSIONS
) SENTENCING SUBMISSIONS ) I \ '. ) SENTENCING SUBMISSIONS "Sentencing is, in respect of most offenders, the only significant decision the criminal justice system is called upon to make" R. v. Gardiner
More informationIn the Court of Appeal of Alberta
In the Court of Appeal of Alberta Citation: R v Precision Diversified Oilfield Services Corp, 2017 ABCA 47 Between: Her Majesty the Queen Date: 20170208 Docket: 1603-0251-A Registry: Edmonton Applicant
More informationA GUIDE TO CRIMINAL INJURIES COMPENSATION AUTHORITY (CICA) CLAIMS
A GUIDE TO CRIMINAL INJURIES COMPENSATION AUTHORITY (CICA) CLAIMS What is the CICA? The CICA is a government-funded Scheme, designed to compensate blameless victims of violent crime, which includes sexual
More informationTHE QUEEN. and AKEEM SEBASTIAN
BRITISH VIRGIN ISLANDS (CRIMINAL JURISDICTION) CRIMINAL CASE NO 21 of 2007 THE QUEEN and AKEEM SEBASTIAN Appearances: Mr. Terrance Williams, Director of Public Prosecutions and Ms. Tiffany Scatliffe, Crown
More informationTHE QUEEN TOKO MARCUS PEARSON. Guilty SENTENCE OF MACKENZIE J
IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY CRI-2004-070-4342 THE QUEEN 0 V TOKO MARCUS PEARSON Charges: Pleas: Counsel: Sentence: I. Burglary 2. Injuring with intent to cause grievous bodily harm
More informationTable of Contents. CON-1 (Mental Disorder) (2013-3)
Table of Contents 1 INTRODUCTION... 1-1 1.1 HISTORICAL PERSPECTIVE... 1-1 (a) Pre-1992 Amendments... 1-1 (b) The Reform Movement... 1-4 (c) The Swain Decision... 1-6 (d) The 1992 Amendments: Part XX.1
More information