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. Mehaney

Court

Nova Scotia Provincial Court

Kienapple did not apply because the two offences contain distinct legal elements (bodily harm versus choking) such that multiple convictions were permissible; the accused failed to rebut the statutory presumption requiring SOIRA registration under s.490.012(3) given the violent nature, victim harm, relationship context and assessed risk of reoffence; balancing sentencing principles yielded a fit sentence of five years' imprisonment on each count to be served concurrently with ancillary orders (20-year SOIRA, DNA, 10-year weapons prohibition, non-communication while in custody).

Source excerpt

• Sexual assault causing bodily harm
• Choking/strangulation during sexual assault
• Soira registration
• Kienapple principle
• Ancillary orders (dna, weapons prohibition, non-communication)
• Victim impact

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R. v. B.T.R.

Court

Supreme Court of British Columbia

The court made s. 724(2) sentencing findings after a jury conviction for sexual interference and sexual assault, and applied Kienapple to stay the sexual assault count.

• Section 724(2) criminal code
• Kienapple principle
• Sexual interference s.151
• Sexual assault s.271
• Jury verdict ambiguity
• Standards of proof

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R. v. Tregear

Court

Supreme Court of British Columbia

After a jury conviction for firearm offences and aggravated assault, the court imposed concurrent custodial sentences, refused a conditional sentence, and granted ancillary orders.

• Discharging a firearm with intent
• Aggravated assault
• Pointing a firearm
• Possession of firearm without licence
• Conditional sentence
• Kienapple principle

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R. v. Calderon

Court

Supreme Court of British Columbia

The court found Mr. Calderon guilty of arson, breaking and entering, and mischief after a Home Hardware fire, rejecting his intoxication defence on the occupied-property count.

• Arson s.433(a)
• Arson s.434
• Mischief s.430(3)
• Breaking and entering s.348(1)(b)
• Intoxication defence
• Mens rea

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R. v. Coghill

Court

Supreme Court of British Columbia

Sentencing reasons for a violent, planned home invasion led to 11-year and 12-year global sentences, with credit for custody and strict bail conditions.

• Home invasion
• Robbery
• Aggravated assault
• Unlawful confinement
• Discharge of firearm
• Firearm prohibition

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R. v. J.W.W.

Court

Supreme Court of British Columbia

Sentencing in a child sexual interference case: the court rejected a conditional sentence and imposed 2.5 years’ imprisonment, plus DNA, registration, weapons and no-contact orders.

• Sexual interference
• Child sexual abuse
• Conditional sentence
• Publication ban
• Dna orders
• Sex offender registration

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R. v. T.E.C.

Court

Supreme Court of British Columbia

Sentencing for sexual assault offences arising from revocation of consent in rough sexual activity. The court imposed jail, probation, SOIRA registration, and ancillary orders.

• Consent and revocation of consent
• Choking/strangulation as aggravating conduct
• Kienapple principle
• Sex offender information registration act (soira)
• Victim impact
• Psychological assessment and risk

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R. v. Aronson

Court

Supreme Court of British Columbia

The court found John Michael Aronson guilty on five firearm- and probation-related counts, and stayed one duplicate firearm possession count under Kienapple.

• Possession of loaded firearm (s.95)
• Possession of prohibited weapon (s.91)
• Unauthorized possession of firearm (s.92)
• Careless use/storage of firearm (s.86)
• Possession contrary to weapons prohibition order (s.117.01)
• Breach of probation (s.733.1)

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R. v. Braaten

Court

Supreme Court of British Columbia

The court sentenced Jonathan Tyler Braaten to five years for sexual interference against a child and conditionally stayed related charges under the Kienapple principle.

• Sexual interference
• Sexual assault
• Invitation to sexual touching
• Sentencing principles
• Kienapple principle
• Publication ban

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