Canada Case Law

R v Williams

Court

Nova Scotia Provincial Court

Given the gravity of intimate-partner sexual assault and the primacy of denunciation and deterrence, but having found significant mitigating factors (notably alcohol-use disorder reducing moral culpability, absence of prior violent record, stable community supports and manageable risk), the Court concluded a community-based punitive sanction (a 10-month conditional sentence order, adjusted to account for 11 months remand credit) was fit; concurrent sentencing applied to the sexual assault and assault counts while threats and breach counts were consecutive; ancillary orders (DNA, 10-year SOIRA…

Source excerpt

• Sexual assault
• Assault
• Uttering threats
• Breach of probation
• Conditional sentence order (cso)
• Remand credit

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R. v. Petrini

Court

British Columbia Court of Appeal

The appeals were allowed in part: restitution conditions in both appellants' probation orders were quashed because the sentencing judge exceeded an acceded joint submission by adding restitution in Jacob's case and failed to inquire into Jordan's ability to pay before imposing restitution; Jordan's custodial sentence and denial of a conditional discharge were not disturbed.

Source excerpt

• Restitution orders
• Joint submissions
• Conditional discharge
• Ability to pay inquiry
• Extension of time

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R. v. Meldrum

Court

Supreme Court of British Columbia

The court acquitted Tyler Sampson Meldrum on all counts after finding the eyewitness identification evidence unreliable and insufficient to prove identity beyond a reasonable doubt.

• Assault causing bodily harm
• Assault with a weapon
• Breach of probation by possession of a weapon
• Eyewitness identification
• Witness credibility and reliability
• Eyewitness-identification

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R. v. T.E.C.

Court

Supreme Court of British Columbia

Sentencing for sexual assault offences arising from revocation of consent in rough sexual activity. The court imposed jail, probation, SOIRA registration, and ancillary orders.

• Consent and revocation of consent
• Choking/strangulation as aggravating conduct
• Kienapple principle
• Sex offender information registration act (soira)
• Victim impact
• Psychological assessment and risk

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R. v. Kleiman

Court

British Columbia Court of Appeal

The Court of Appeal denied an extension of time and leave to appeal from a refusal to vary probation conditions, finding no reasonable chance of success.

• Variation of probation under s.732.2(3)
• Leave to appeal
• Extension of time
• Change of circumstances
• No-contact and non-attendance conditions
• Neurodevelopmental disorder (autism) evidence

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R. v. Plehanov

Court

Supreme Court of British Columbia

The court dismissed Mr. Plehanov’s appeal from convictions for breach of probation and failing to comply with SOIRA, and upheld a two-year probation sentence.

• Breach of probation
• Soira reporting breach
• Credibility assessment
• Appellate review of verdict
• Probation length and fitness
• Breach-of-probation

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R. v. MacPherson

Court

Supreme Court of British Columbia

Sentencing on a joint submission: the court accepted a time-served result, imposed 18 months’ probation, waived the victim surcharge, and ordered psychiatric assessment and counselling.

• Theft
• Motor vehicle theft
• Resisting and obstruction
• Uttering threats
• Possession of weapon (pry bar)
• Joint submission

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R. v. T.H.

Court

British Columbia Court of Appeal

The Court of Appeal dismissed the Crown’s sentence appeal, holding that a harsh conditional sentence, probation, restitution and SOIRA conditions were not demonstrably unfit.

• Proportionality
• Moral culpability
• Standard of review on appeal
• Availability of conditional sentence
• Denunciation and deterrence
• Victim impact

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R. v. Fox

Court

British Columbia Court of Appeal

Appeal dismissed in a breach of probation case involving a website the appellant was ordered to make inaccessible. The Court upheld the conviction and rejected fresh evidence.

• Breach of probation
• Publication ban
• Credibility findings
• Mixed statements
• Fresh evidence admissibility
• Vagueness of conditions

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R v. Thibault

Court

Nova Scotia Provincial Court

Defendant does not meet the test for a conditional sentence because of repeated breaches of release and probation conditions, ongoing substance-facilitated offending while under supervision, and a demonstrated risk to public safety; therefore a custodial sentence of 14 months (for aggravated assault) with concurrent sentences (6 months for assaulting an officer, 30 days for breach) and 24 months probation on release is imposed to achieve denunciation, deterrence and public protection while allowing for extended supervision and rehabilitation.

Source excerpt

• Aggravated assault
• Assault on police officer
• Breach of probation
• Conditional sentence order test
• Risk assessment for community safety

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