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Sentencing after conviction for breaking and entering a dwelling and careless firearm storage; the court imposed 22 months’ custody, consecutive terms, and ancillary firearms orders.
After convicting James Rektor of four assaults against his former wife, the court imposed 33 months’ imprisonment, plus no-contact and weapons orders.
A conditional sentence was unavailable because the offences comprised multiple, repeated and degrading acts of intimate partner violence over two years involving weapons and occurring in the home in the presence of children, producing significant physical and psychological harm; the IRCA was considered and provided contextual mitigation but did not sufficiently reduce moral blameworthiness to avoid incarceration; the appropriate range was 12–24 months and a global sentence of 20 months custody followed by 24 months probation was imposed with ancillary orders (DNA, 10-year firearms prohibition…
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The appellant failed to satisfy the public interest limb of s.679(3); given the seriousness of the offences as found by the trial judge, the appellant’s history of breaching court orders, the inadequacy and unsuitability of the proposed sureties and release plan, and the untested, outdated expert opinion, the risk to public safety and lack of public confidence (enforceability outweighing reviewability) justify continued detention pending appeal.
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Trial reasons in a murder case. The court rejected self-defence, found the killing was not planned and deliberate, and convicted on second-degree murder and interference with a body.
A British Columbia judge admitted expert evidence on intimate partner violence and pet abuse only in general terms, excluding opinions on case-specific precipitating events.
The court sentenced David Troy Fulton for criminal harassment and three break-and-enter offences, applied pre-trial custody credit, and imposed probation and ancillary orders.
Judge's acceptance of complainant's evidence and independent corroborative evidence (physical injuries, damaged window, DNA and electronic messages) established entry without consent; under s.350 this constituted a deemed break and, absent evidence to the contrary, s.348(2) presumed intent to commit an indictable offence; credibility findings were supported by the record and the verdicts were ones a properly instructed judge could reasonably render, therefore appeal is dismissed.
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Given the brutal nature of the killing, the accused's long and escalating pattern of violent offending, lack of remorse and high risk of future dangerousness, the court substituted a 21‑year period of parole ineligibility under s.745.4 as necessary to protect the public and give appropriate denunciation and retribution.
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Given the gravity and violent nature of multiple offences including two incidents of non‑consensual intercourse against the same intimate partner, limited Gladue material, the offender's prior record and the need for denunciation and deterrence balanced with his youth and rehabilitation prospects, the court imposed four years federal imprisonment on the s.271 sexual assault with specified concurrent sentences on other counts, ordered restitution and ancillary orders (SOIRA, firearms prohibition, DNA, no contact); totality considerations justified concurrent disposition rather than additional…
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