Canada Case Law

R. v. Z.Z.

Court

Nova Scotia Provincial Court

After weighing aggravating factors (intimate partner violence, victims' Indigenous vulnerability, exploitation of trust, victims unconscious, recordings, children present) against mitigating factors (guilty pleas, genuine remorse, rehabilitation efforts, limited unrelated prior record, and demonstrably harsh remand conditions), the appropriate global custodial sentence is six years. Duncan-type harsh remand conditions were treated as a mitigating factor in fixing the fit sentence and statutory remand credit of 981 days (1.5:1 on 654 days) applies, resulting in a go‑forward sentence of 40 mont…

Source excerpt

• Sexual assault
• Voyeurism
• Gladue principles
• Duncan credit
• Remand credit
• Denunciation and deterrence

Read case analysis

R. v. Wolf

Court

Supreme Court of British Columbia

La apelación contra la condena por asalto común fue desestimada, pero se permitió la apelación contra la orden de ADN por razones insuficientes y se remitió el asunto.

• Common assault
• Dna order
• Appeal
• Credibility assessment
• Reasons for decision
• Statutory interpretation

Read case analysis

R. v. Brush

Court

Supreme Court of British Columbia

Sentencing fact-finding in a neglect case: the court found the home was unsanitary at removal and that Brush knew medication records had been altered.

• Failure to provide necessaries of life (s.215(2)(b) criminal code)
• Aggravating factors at sentence
• Section 723/724 disputed facts procedure
• Court-ordered psychiatric/psychological assessments
• Failure-to-provide-necessaries-of-life
• Sentencing-facts

Read case analysis

R. v. Romano

Court

Court of Appeal for Ontario

The motion judge granted bail pending appeal because the Crown conceded no flight risk or danger, the grounds of appeal relating to sufficiency and jury instruction on marked departure are not frivolous and merit full review, and the public interest does not require immediate incarceration before appellate consideration; release was ordered on agreed bail terms.

Source excerpt

• Bail pending appeal
• S. 679(3) criminal code
• Dangerous driving causing death
• Sufficiency of evidence
• Marked departure
• Public interest in administration of justice

Read case analysis

R. v. Smith

Court

Nova Scotia Court of Appeal

The appeal is dismissed. Although the trial judge erred in his Charter interpretation of the YCJA reverse onus, that error was not reversible because the sentencing proceeded as if the Crown bore the onus and the judge expressly found in the alternative that the Crown met that onus; on the merits the judge did not err in principle or exercise of discretion in concluding a youth sentence (maximum seven years) would not be of sufficient length to hold the appellant accountable given the offence's extreme seriousness, prior similar conduct, high risk to reoffend and need for long-term treatment;…

Source excerpt

• Reverse onus
• Youth vs adult sentence
• Section 72 ycja
• Section 34 ycja assessments
• S.7 charter
• Parole ineligibility

Read case analysis

R. v. J.A.P.

Court

Supreme Court of British Columbia

Court refused to impose an adult sentence for a youth convicted of second degree murder, and ordered the maximum youth sentence with custody, supervision, DNA, and weapons prohibitions.

• Adult sentence determination under ycja
• Parole ineligibility
• Pre-disposition custody credit
• Publication restriction
• Dna sample order
• Firearms prohibition (s.109)

Read case analysis