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. Buitenweg

Court

Supreme Court of British Columbia

The court sentenced Kimberley Grace Buitenweg and Joseph Shawn McWilliams to five years each for manslaughter after early guilty pleas and significant mitigation.

• Manslaughter
• Sentencing
• Gladue principles
• Guilty plea mitigation
• Causation
• Pre-trial custody credit

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R v Falcitelli

Court

Nova Scotia Provincial Court

The Court concluded that conditional discharges, coupled with substantial probation terms and restitution, best served the sentencing objectives of proportionality, denunciation and rehabilitation in the particular circumstances: early guilty pleas, demonstrable remorse, strong prospects for rehabilitation, absence (or limited extent) of violent records, and agreed restitution, while still imposing DNA and s.109 prohibition orders to protect the public; therefore CSOs were declined and conditional discharges with 24 months probation and specified ancillary orders were imposed.

Source excerpt

• Assault causing bodily harm
• Conditional discharge
• Probation
• Conditional sentence order
• Restitution
• Dna collection order

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R. v. Omoragbon

Court

Court of Appeal for Ontario

The sentencing judge did not err: he properly exercised discretion by warning he might exceed the Crown's proposal, reasonably assessed the limited weight of the late guilty plea and unproven mental health and custody-injury assertions, found no evidence of bias, and imposed a fit 26-month sentence given the seriousness of the offence and the appellant's record.

Source excerpt

• Sentencing procedure
• Joint submissions
• Guilty plea mitigation
• Mental health as mitigation
• Use of force in custody
• Judicial bias

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R. v. Attachie

Court

British Columbia Court of Appeal

The Court of Appeal for British Columbia allowed the sentence appeal, holding the judge gave the guilty pleas too little mitigating weight and resentenced the appellant to 22 months.

• Use of imitation firearm (s.85(2))
• Forcible entry (s.72(1))
• Guilty plea mitigation
• Nahanee notice requirement
• S.726 obligation to ask accused
• Gladue principles

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R. v. Saed

Court

Supreme Court of British Columbia

The court sentenced Hemen Saed and Diego Saed for roles in a large-scale Lower Mainland fentanyl trafficking operation, imposing concurrent terms plus ancillary orders.

• Drug trafficking
• Conspiracy to traffic
• Wholesale fentanyl distribution
• Role and moral culpability within criminal organizations
• Guilty plea mitigation
• Sentencing ranges (parranto guidance)

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R. v. C.L.

Court

Court of Appeal for Ontario

The sentencing judge did not err: she properly credited the guilty plea while permissibly tempering mitigation because of a record-supported finding of lack of insight relevant to rehabilitation, and her discretionary calculation of enhanced pre-trial custody credit was supported by findings about the appellant's misconduct and likelihood of denial of statutory release; accordingly the sentence was not demonstrably unfit and the appeal is dismissed.

Source excerpt

• Sexual assault
• Guilty plea mitigation
• Pre-trial custody credit
• Publication ban (victim identification)

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R. v. Kim

Court

British Columbia Court of Appeal

The British Columbia Court of Appeal dismissed Billie Kim’s sentence appeal, upholding a ten-year global sentence for drug trafficking and firearm offences.

• Parity principle
• Totality principle
• Guilty plea mitigation
• Deterrence
• Denunciation
• Collateral consequences on family

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Teal Cedar Products Ltd. v. Rainforest Flying Squad

Court

Supreme Court of British Columbia

Sentencing for criminal contempt arising from Fairy Creek injunction protests. The court held that lack of a guilty plea was not decisive and imposed probation and community work.

• Civil disobedience
• Denunciation and deterrence
• Guilty plea mitigation
• Community work service
• Probation
• Criminal-contempt

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Teal Cedar Products Ltd. v. Rainforest Flying Squad

Court

Supreme Court of British Columbia

Erika Bennett admitted criminal contempt of an injunction. The court declined jail and imposed 85 hours of community work service plus 24 months’ probation.

• Contempt of court
• Community service
• Deterrence and denunciation
• Guilty plea mitigation
• Probation order
• Contempt-of-court

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