Canada Case Law

R. v. Eustache

Court

Supreme Court of British Columbia

The offender meets the statutory criteria for designation as a long‑term offender under s.753.1(1) (prison term of two years or more, substantial risk to reoffend, reasonable possibility of control in community with programming), and a custodial sentence of 10 years is fit given the brutal, planned nature of the manslaughter and the offender's high moral culpability; Gladue factors reduce culpability and therefore the sentence is set at 10 years rather than the Crown's top range; a 10‑year long‑term supervision order is appropriate to protect the public and facilitate rehabilitation and is no…

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• Manslaughter
• Long‑term offender designation (s.753.1)
• Long‑term supervision order
• Sentencing principles (s.718)
• Gladue considerations
• Aggravating and mitigating factors

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R. v. Kirby

Court

Supreme Court of British Columbia

On a guilty plea to firearm possession, the court accepted a 33-month joint submission, imposed a lifetime firearms ban and DNA order, and ordered forfeiture.

• Possession of firearm (s.95)
• Firearms prohibition (s.109)
• Dna order (s.487.051)
• Forfeiture (s.490(1))
• Joint submission / anthony-cook
• Pre-sentence custody credit

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R. v. Hunter

Court

Supreme Court of British Columbia

The court sentenced Brittani Hunter for two robberies and using an imitation weapon, imposing consecutive custody, probation, restitution, DNA, and firearm prohibitions.

• Robbery
• Imitation firearm
• Mandatory minimums
• Pretrial custody credit
• Consecutive sentencing
• Victim impact

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R. v. Carlson

Court

Supreme Court of British Columbia

Sentence for aggravated assault against the offender’s father: one day in jail plus three years’ probation, with counselling, no-contact terms, DNA collection, and a 10-year weapons ban.

• Aggravated assault
• Assault with a weapon
• Kienapple principle
• Probation conditions
• Dna order (s.487.051)
• Firearms prohibition (s.109)

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R. v. Delege

Court

Supreme Court of British Columbia

Sentencing for a large marijuana grow operation and electricity theft resulted in nine months’ imprisonment, with a firearms prohibition and DNA order imposed.

• Marijuana grow operation
• Theft of electricity (hydro bypass)
• Weapons prohibition (s.109)
• Firearms exemption (s.113(1)(b))
• Dna order (s.487.051)
• Victim fine surcharge

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R. v. J.A.H.

Court

Supreme Court of Nova Scotia

The court entered a judicial stay on the sexual assault count based on the Kienapple principle and proceeded to sentence on the sexual interference conviction. Given the victim's young age and the parental relationship (aggravating factors), and the need for denunciation and deterrence per s.718.01, the appropriate sentence was six months custody with remand credit calculated at two-for-one (94 days) for time on remand, followed by 18 months probation with specific conditions mirroring s.161 prohibitions. Mandatory statutory orders (DNA sample, s.109 weapons prohibition, SOIRA registration fo…

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• Sexual interference
• Sexual assault
• Kienapple principle (duplicative convictions)
• Publication ban (s.486.4)
• Dna order (s.487.051)
• Probation conditions

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R. v. MacNeil

Court

Supreme Court of Nova Scotia

Judge imposed seven years' imprisonment because the killing occurred in the heat of the moment but involved culpable conduct with aggravating factors (weapon use, prior assaults, fatal consequence) placing it short of 'near‑murder'; remand credit was exercised downward to 1.5:1 because the offender received institutional programs while on remand; Crown's request to delay parole under s.743.6 was denied as unnecessary to achieve denunciation and deterrence; ancillary orders (lifetime weapons prohibition and DNA sampling) were imposed pursuant to the Criminal Code.

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• Manslaughter
• Remand time credit
• Parole eligibility (s.743.6)
• Weapons prohibition (s.109)
• Dna order (s.487.051)

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