Canada Case Law

R. v. Da Silveira

Court

Supreme Court of Nova Scotia

Given the aggravating factors (breach of trust, violence against intimate partner and child, presence of loaded firearm and bear spray, evidence of planning in making weapons accessible, significant victim impacts including PTSD in victims and children), and balancing mitigation (first offender, remediation while on remand, guilty pleas, cooperation), the appropriate aggregate custodial sentence was fixed at 8 years before credit but reduced under totality and Summers remand credit to a resultant effective term of 1,688 days (4 years, 7 months and 14 days). Sentence was allocated to counts as…

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• Sentencing
• Aggravated assault
• Unlawful confinement
• Reckless discharge of a firearm
• Pointing a firearm
• Threats to kill

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R. v. Aronson

Court

Supreme Court of British Columbia

Judge balanced the primacy of denunciation, deterrence and public protection for serious firearms offences against mitigating Gladue factors and evidence of rehabilitation in custody, found the defence explanation of accidental possession not credible, applied enhanced pretrial credit of 1,294 days to concurrent primary counts, concluded a federal sentence was necessary and imposed a global sentence of five years four months on Count 1 with a consecutive one year on Count 5 (global six years four months), together with ancillary orders including forfeiture, lifetime firearms prohibition, DNA…

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• Possession of loaded firearm
• Possession while prohibited
• Careless handling/storage of firearm
• Breach of probation
• Forfeiture
• Firearms prohibition

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R. v. Morgan

Court

Supreme Court of British Columbia

The court accepted the joint submission and imposed one day in custody because, on the particular facts, the aggravating nature of the offence was outweighed by significant mitigating and collateral factors: the offender's long custodial sentence in Colorado, the detainer's negative effect on parole (causal connection), lengthy delay and resulting evidentiary issues, the guilty plea, rehabilitation efforts, and the application of the totality principle; the court found these circumstances justified accepting a joint submission that would otherwise appear lenient for a brutal weaponized mansla…

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• Manslaughter
• Joint submission on sentence
• Delay/limitation
• Totality principle
• Collateral consequences
• Dna order

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R. v. McIntyre

Court

Supreme Court of British Columbia

Sentencing reasons for Mitchell McIntyre for second degree murder and manslaughter involving a firearm, with life imprisonment and 13 years parole ineligibility on the murder count.

• Parole ineligibility
• Mandatory life sentence
• Manslaughter with firearm
• Joint sentencing recommendation
• Aggravating and mitigating factors
• Firearms prohibition

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R. v. K.I.Z.

Court

Supreme Court of British Columbia

After convicting K.I.Z. of sexual interference with a 12-year-old, the court imposed 5 years and 2 months' custody, with credit for 71 days and ancillary orders.

• Sexual interference
• Position of trust
• Friesen framework
• Risk assessment
• Gladue factors
• Ancillary orders

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R. v. Turpin

Court

Supreme Court of British Columbia

Tyler John Turpin was sentenced for sexual assault to two years less one day, less 515 days credit, followed by three years’ probation and ancillary orders.

• Sexual assault
• Consent
• Sentencing principles
• Probation conditions
• Dna registration
• Firearms prohibition

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R v Mahar

Court

Supreme Court of Nova Scotia

Applying Friesen and relevant Criminal Code principles, the court treated s.286.1(2) offences as gravely as other sexual offences against children, found consecutive sentences required by s.718.3(7)(b), fixed a fit sentence of three years for each count then reduced the aggregate under the totality principle to 4.5 years (27 months per count served consecutively), awarded 26 days remand credit, and imposed statutory ancillary orders including lifetime SOIRA and firearms prohibition because the statutory criteria were met.

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• Obtaining sexual services of a minor
• Mandatory minimum penalties
• Soira orders
• Dna orders
• Firearms prohibition
• Totality principle

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R. v. Budd

Court

Supreme Court of British Columbia

The court sentenced Randall Stanley Budd to an 18-month conditional sentence order for possessing methamphetamine for the purpose of trafficking, with strict treatment-based conditions.

• Possession for purpose of trafficking
• Conditional sentence order
• Gladue factors
• Deterrence and denunciation
• Rehabilitation
• Forfeiture

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R. v. McCrae

Court

Supreme Court of British Columbia

Sentencing decision for aggravated assault and disarming a peace officer, with one obstruction count stayed under Kienapple and consecutive custody terms imposed.

• Aggravated assault
• Disarming a peace officer
• Resisting or wilfully obstructing a police officer
• Kienapple principle (stay of proceedings)
• Pretrial custody credit
• Probation and ancillary orders

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R. v. Diablo

Court

Supreme Court of British Columbia

Sentencing decision for reckless firearm discharge. The court accepted a joint submission of 30 months’ jail, 18 months’ probation, and ancillary orders.

• Discharge of firearm
• Recklessness
• Gladue/ipeelee principles
• Joint submission on sentence
• Probation
• Firearms prohibition

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