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William George was sentenced to 28 days’ incarceration for criminal contempt after breaching the Trans Mountain injunction during a planned protest blockade.
The trial judge adequately applied Gladue principles, considered the Gladue report and reduced moral blameworthiness, prioritized public protection, and did not err in imposing the six-year sentence with 26 months credit; only the victim surcharge was improperly imposed and is set aside.
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Sentencing for aggravated assault, unlawful confinement, drug trafficking, and firearm possession ended in a nine-year global jail term after totality was applied.
The trial judge's jury instructions and amendment to the indictment were proper; the jury's finding that the appellant was the single perpetrator and possessed the mens rea for second-degree murder was reasonably supported by medical and circumstantial evidence; the differing verdicts are reconcilable on temporal and evidentiary grounds; fresh evidence of Aboriginal status is admitted but too vague and unspecific to affect the fitness of the 15-year parole ineligibility, so the convictions and sentence are upheld.
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Crown appeal from a six-month sentence for street-level fentanyl trafficking was dismissed, though the court endorsed a higher sentencing range for such offences.
Applying Gladue and mitigating factual circumstances, the offences were at the lower end of seriousness; following R. v. Hatcher the court held that a very brief period of custody (one day per count, served concurrently) satisfies the mandatory-minimum punishment in relation to s.255, and imposed concurrent one-day custody, minimal fines with victim surcharges and one-year driving prohibitions per count; probation was not ordered due to s.731(1)(b).
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The trial judge made a factual finding that the appellant's violent behaviour could not be controlled in the community even under the highest level of supervision; that finding was open on the record and entitled to deference, and on that basis the judge reasonably exercised his discretion to declare the appellant a dangerous offender.
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The court accepted a joint submission after a guilty plea to sexual assault causing bodily harm, imposing 2 years less one day in custody and 3 years’ probation.
Sentencing decision for firearms, mischief, and cannabis offences. The court applied Gladue, imposed partly consecutive custodial terms, probation, restitution, DNA, and a firearm ban.
The Court of Appeal for British Columbia granted leave but dismissed an appeal against sentence for sexual assault causing bodily harm and child pornography possession.
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