Canada Case Law

R. v. Lanktree

Court

Court of Appeal for Ontario

The appeal is dismissed because the sentencing judge did not err: a conditional sentence was inappropriate given the appellant's record and breaches; references to community drug harm were used legitimately to support denunciation and deterrence rather than as improper aggravation; and the sentencing judge properly exercised discretion in declining to award additional Duncan credit beyond Summers credit given that much PSC resulted from re-offending while on release.

Source excerpt

• Conditional sentence
• Pre-sentence custody credit
• Duncan credit
• Summers credit
• Drug trafficking
• Aggravation and mitigation

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R. v. Bouthillette

Court

Supreme Court of British Columbia

The court sentenced Pascal Jean Claude Bouthillette to 12 years for manslaughter after a fatal home invasion of a frail elderly woman, accepting a joint submission and enhanced custody credit.

• Manslaughter
• Home invasion
• Joint submission
• Presentence custody credit
• Aggravation and mitigation
• Ancillary orders

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R. v. Connolly

Court

Nova Scotia Provincial Court

Given the quantity of cocaine, the presence of drugs in the home of a minor and the jurisprudence requiring prominent emphasis on deterrence and incarceration for cocaine trafficking, a conditional sentence was inappropriate and a fit sentence is two years' federal custody with ancillary orders (DNA, s.109 weapons prohibition, forfeiture).

Source excerpt

• Trafficking
• Possession for the purpose of trafficking
• Conditional sentence
• Mandatory minimums
• Deterrence
• Aggravation and mitigation

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R. v. Elliott

Court

Supreme Court of British Columbia

Sentencing reasons for William Gordon Robert Elliott after guilty pleas to two second degree murders. The court imposed life imprisonment with 20 years parole ineligibility on each count.

• Second degree murder
• Parole ineligibility period
• Gladue factors
• Sexual violence
• Aggravation and mitigation
• Second-degree-murder

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