Canada Case Law

R. v. Greenwood

Court

Supreme Court of Nova Scotia

The court accepted the true joint recommendation and sentenced Greenwood to 15 years custody on each count of manslaughter to be served concurrently, and, having found the combined remand time and time served equaled 15 years, declared the sentences served; ancillary orders for a mandatory DNA order and a lifetime weapons prohibition under s.109 were made.

Source excerpt

• Manslaughter
• Guilty plea mitigation
• Joint sentencing recommendation
• Credit for time served
• Concurrent sentences
• Ancillary orders

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R. v. Correia

Court

Supreme Court of British Columbia

The court accepted the joint submission of 14 years parole ineligibility because the proposed term falls within the established 12–15 year range for comparable cases, the case does not exhibit the exceptional moral culpability required for a >15 year bar under Cerra, and Anthony‑Cook requires deference to a joint submission that does not bring the administration of justice into disrepute; the offender's rehabilitation, remorse and timing further supported the sentence.

Source excerpt

• Second degree murder
• Parole ineligibility period under s.745(c)
• Joint submission
• Rehabilitation
• Dna order
• Firearms prohibition

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R. v. Weng

Court

Supreme Court of British Columbia

The court accepted the joint submission as a fit sentence and imposed five years' imprisonment for the aggravated assault, ordered it to be served concurrently with the defendant's existing murder sentence, credited the defendant with pre-sentencing custody so that no additional time is required, and imposed a lifetime firearms prohibition under s.109(1)(a) of the Criminal Code with a ten year prohibition on other specified weapons after release.

Source excerpt

• Aggravated assault
• Murder
• Concurrent sentences
• Credit for time served
• Firearms prohibition
• Appellate substitution of included offence

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R. v. Kizmann

Court

Supreme Court of British Columbia

Mr. Kizmann was sentenced to a global six-year custodial term for multiple drug-trafficking counts involving carfentanil, fentanyl and methamphetamine, plus stolen property.

• Trafficking
• Possession for purpose of trafficking
• Carfentanil
• Willful blindness
• Mitigating and aggravating factors
• Concurrent sentences

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R. v. Collins

Court

Court of Appeal for Ontario

Given the planned nature of the attack, the firing of five close-range shots, the lethal risk to bystanders culminating in a death, the appellant's violent record and limited mitigation (youth), the only proportionate sentence for the substituted aggravated assault is the statutory maximum of 14 years to be served concurrently; pre-sentence custody of 2119 days (less 90 days served for an unrelated sentence) is credited at 1:1 and no enhanced credit is warranted.

Source excerpt

• Murder
• Attempted murder
• Aggravated assault
• Sentencing
• Credit for pre-sentence custody
• Denunciation and general deterrence

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R. v. Smith

Court

Court of Appeal for Ontario

The court found an inadvertent denial of procedural fairness because the appellant reasonably relied on the sentencing judge's January 20, 2021 statement promising the "equivalency of a 2 for 1" credit and was led not to re-prove harsh custodial conditions; accordingly the appeal was allowed in part and the Duncan credit was increased from four to nine months, with corresponding adjustments to the global sentences.

Source excerpt

• Sentencing
• Pre-sentence custody credit
• Duncan credit
• Marshall guidance
• Summers credit
• Procedural fairness

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R. v. Navarathinam

Court

Court of Appeal for Ontario

The conviction appeal was dismissed as abandoned; leave to appeal the sentence was granted but the sentence appeal was dismissed because the sentencing judge's assessment — including consideration of the offender's rehabilitation and the objective seriousness of an unprovoked attack on a defenseless victim captured on video — resulted in a proportionate and fit sentence and any alleged reliance on Tourville did not produce an outcome warranting appellate intervention.

Source excerpt

• Aggravated assault
• Possession of a weapon for a dangerous purpose
• Sentencing
• Leave to appeal
• Abandonment of appeal
• Concurrent sentences

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R. v. Shuman

Court

Court of Appeal for Ontario

The Court held the sentencing judge did not err: the 15‑year global sentence was fit given the aggravating factors and sentencing objectives, the reasons were adequate and left no doubt as to the basis for the sentence, the totality principle was considered, and concurrent sentences were justified because the counts were identical and both parties agreed to concurrency to avoid cumulative mandatory minimums.

Source excerpt

• Robbery
• Firearm offences
• Mandatory minimums
• Concurrent sentences
• Totality principle
• Sentencing reasons

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R. v. Spilchen

Court

Supreme Court of Nova Scotia

Given the offender's extensive record, commission of the offence while on probation, use and discharge of an imitation handgun creating significant risk and fear, and the principles of denunciation and deterrence within the proportionality framework, a seven year sentence for attempted robbery is fit; secondary counts are to be served concurrently and applicable ancillary orders (DNA, lifetime firearms prohibition, two year driving prohibition, forfeiture) are imposed; pre-trial custody is credited at 1.5 to yield 1118 days credit, leaving 1437 days to be served.

Source excerpt

• Attempted robbery
• Sentencing principles
• Aggravating and mitigating factors
• Pre-trial custody credit
• Firearms prohibition
• Dna order

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R. v. Wilkinson

Court

Supreme Court of British Columbia

Supplementary reasons corrected sentence-computation figures in R. v. Wilkinson, including custody credit and dead time allocations, without changing the substantive sentence length.

• Sentence calculation
• Dead time (credit for custody)
• Totality principle
• Concurrent sentences
• Warrants of committal
• Sentence-calculation

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