Canada Case Law

R. v. Googoo

Court

Supreme Court of Nova Scotia

The court concluded that although the offence was serious and aggravated by use of a high‑powered rifle and a second shot, the offender’s traumatic brain injury and Gladue‑relevant background materially reduced his moral culpability; a conditional sentence of two years less one day with strict house arrest, progressive curfew, and intensive supervision and treatment would not endanger community safety, would satisfy denunciation and deterrence given restrictive and punitive conditions, and would better serve rehabilitation given the offender’s medical and cultural needs; ancillary orders (fir…

Source excerpt

• Aggravated assault
• Firearms prohibition
• Conditional sentence
• Restitution
• Gladue factors
• Traumatic brain injury and mitigation

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R. v. Saunders

Court

Supreme Court of British Columbia

Sentencing reasons for R. v. Saunders, where the court imposed a two-year-less-a-day conditional sentence for possession of a loaded prohibited firearm, with probation and ancillary orders.

• Possession of prohibited firearm (s.95(1))
• Conditional sentence order
• Gladue factors (s.718.2(e))
• Denunciation and deterrence
• Dna order
• Firearms prohibition (s.109)

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R. v. Dorsey

Court

Supreme Court of British Columbia

On sentencing for cocaine possession for the purpose of trafficking, the court imposed a conditional sentence of two years less a day, emphasizing Gladue factors and rehabilitation.

• Trafficking
• Conditional sentence
• Gladue factors
• Forfeiture under cdsa
• Firearms prohibition
• Dna order

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R. v. Fraser

Court

Court of Appeal for Ontario

The Court upheld the convictions, finding no reversible error in the trial judge's fact and credibility findings or contextual reliance on witness testimony about the appellant's silence; although the trial judge erred in characterizing absence of remorse as an aggravating factor and should have had Gladue principles considered, those errors did not render the imposed seven-year global sentence unfit, so the sentence is affirmed.

Source excerpt

• Aggravated assault
• Assault with a weapon
• Uttering threats
• Credibility and inference from silence
• Remorse in sentencing
• Gladue principles

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R. v. T.R.J.

Court

Supreme Court of British Columbia

Sentencing for repeated sexual interference of a young child by a grandfather. The court imposed two years less a day, probation, and several ancillary orders.

• Sexual interference
• Child sexual abuse
• Sentencing principles
• Gladue factors
• Retrial sentencing parity
• Ancillary orders (dna, soira, firearms prohibition, probation)

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R. v. Nicholls

Court

Supreme Court of British Columbia

Sentencing after convictions for aggravated assault and assault with a weapon resulted in a suspended sentence and 30 months’ probation, with ancillary orders.

• Aggravated assault
• Assault with a weapon
• Gladue factors
• Probation order
• Weapons prohibition
• Dna order

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