Canada Case Law

R. v. Levy

Court

Supreme Court of Nova Scotia

Given the prolonged application of a rear naked chokehold by a trained head of security, the absence of ongoing threat from the victim, the failure to seek or provide medical assistance, and the need for denunciation and general deterrence, a custodial sentence of four years for manslaughter is fit; the related criminal negligence causing death count arises from the same delict and is conditionally stayed under the Kienapple principle.

Source excerpt

• Manslaughter
• Criminal negligence causing death
• Denunciation
• General deterrence
• Kienapple principle
• Use of force by security personnel

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R. v. Sangha

Court

Supreme Court of British Columbia

The Court rejected the offender's near‑duress narrative as not credible based on contemporaneous texts, active logistical involvement, inconsistencies in testimony and omissions; balancing the significant gravity and deterrence needs of importing 108 kg of methamphetamine with mitigating collateral consequences and a limited prior record, a fit sentence of 5.5 years imprisonment was imposed, with ancillary statutory orders.

Source excerpt

• Importation of methamphetamine
• Near-duress/coercion at sentencing
• Gardiner hearing under s.724
• General deterrence
• Ancillary orders (dna, weapons prohibition, forfeiture)

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R. v. Knight

Court

Supreme Court of British Columbia

A 21-month custodial sentence is fit and proportionate for mid-level trafficking of 817.44 grams of methamphetamine, but on the facts—including entrenched addiction, chronic pain treated by OAT, significant post-offence rehabilitation, stability and five years without new convictions, and the risk that institutional incarceration would undermine rehabilitation—a conditional sentence order (21 months served in the community under strict, punitive conditions) is available, consistent with s.742.1 and the objectives of denunciation, deterrence, rehabilitation and community protection; ancillary…

Source excerpt

• Possession for purpose of trafficking
• Conditional sentence order
• Denunciation
• General deterrence
• Proportionality
• Community safety

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R. v. Boufford

Court

Supreme Court of British Columbia

Sentencing reasons for dangerous driving causing death and bodily harm. The court imposed a conditional sentence, a five-year driving ban, and declined to order DNA sampling.

• Dangerous driving
• Conditional sentence order
• General deterrence
• Denunciation
• Victim impact
• Dangerous-driving

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R. v. M.S.

Court

British Columbia Court of Appeal

The British Columbia Court of Appeal dismissed an appeal against sentence in a domestic threat case, holding the judge’s brief reasons were legally sufficient.

• Discharge vs suspended sentence
• Sufficiency of reasons
• Collateral consequences
• General deterrence
• Sentencing-appeal
• Uttering-threat

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R. v. King

Court

Supreme Court of British Columbia

Mr. King was sentenced to two years’ incarceration for transferring a restricted firearm without lawful authority. The court rejected parity with co-accused Pamela Meek.

• Parity
• Proportionality
• Gladue factors
• Conditional sentence
• General deterrence
• Sentencing

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R. v. Earl

Court

Supreme Court of British Columbia

After a jury conviction for fraud, the court sentenced Carey Suzanne Earl to six years’ imprisonment and ordered $1 million restitution to her employer.

• Breach of trust
• Quantum of loss
• General deterrence
• Denunciation
• Restitution orders
• Conditional sentence

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R. v. Gauthier

Court

Court of Appeal for Ontario

The Court upheld the trial judge's findings that the appellant intentionally struck the complainant (not a reflex), there was no air of reality to a self-defence claim under s.34(1)-(2), the injuries constituted wounding, and the 12-month conditional sentence with probation was a fit sentence given the need for general deterrence.

Source excerpt

• Aggravated assault
• Self-defence
• Reflex action
• Wounding vs bodily harm
• Mens rea
• Conditional sentence

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R. v. Revolus

Court

Court of Appeal for Ontario

The appeal is dismissed because, even assuming the sentencing judge erred about the availability of a conditional sentence to be served in Quebec, that error did not affect the appropriate sentence; given the appellant's central role, coercion, facilitation of a handgun, the devastating victim impact and the need for general deterrence and denunciation, a conditional sentence would have been inappropriate and the 18 month custodial sentence with two years probation is justified.

Source excerpt

• Conditional sentence
• General deterrence
• Parity in sentencing
• Gardiner hearing
• Jurisdiction to serve sentence

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R. v. Febbo

Court

Court of Appeal for Ontario

The Court held the sentencing judge did not err in principle: attention to general deterrence and denunciation was not to the exclusion of restraint, the imposed 33‑month sentence stands, and the driving prohibition commences on the date of the order (March 30, 2023).

Source excerpt

• Impaired driving causing bodily harm
• Driving prohibition commencement
• General deterrence
• Denunciation
• Principle of restraint/least restrictive sanction

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