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La Cour rejette l’appel de la peine de M. Rogers, ordonne la collecte d’ADN et corrige certaines conditions de probation, mais refuse une ordonnance fondée sur le par. 161(1).
Court accepted that the assault began as a reasonable self‑defence response but escalated into disproportionate, dominant and vengeful conduct while the victim was defenseless and in custody; weighing aggravating (violence, victim defenselessness, occurrence in prison) and significant mitigating factors (traumatic history, mental health/addiction diagnoses, acceptance of responsibility, active rehabilitation), the sentence that is fit and proportionate is 10 months imprisonment to be served straight, followed by 12 months probation with specified conditions; ancillary orders (DNA, lifetime we…
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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.
The court sentenced Lindsay Scott to six years for manslaughter, with three years’ probation, after finding her culpability was reduced by mental illness and methamphetamine intoxication.
On sentencing for multiple property offences, the court imposed a global 28-month custodial sentence, credited pre-sentence custody at 1.5:1, and added 24 months of probation.
Sentencing for a sexual assault conviction arising from an Indigenous healing session. The court imposed 12 months’ custody and 18 months’ probation, and declined SOIRA registration.
Sentencing for an Indigenous offender convicted of aggravated assault and assault with a weapon, with Gladue factors, custody credit, probation and ancillary orders.
The judge categorized Borden as a mid‑level retail trafficker and, applying ss.718‑718.2 and CDSA s.10, balanced aggravating factors (quantity, prior trafficking convictions, profit motive) against mitigation (immediate cooperation, early guilty plea credited at one‑third, IRCA evidence reducing moral blameworthiness and informing rehabilitative needs) and concluded a two‑year custodial sentence followed by three years probation with culturally sensitive counselling and ancillary orders was proportionate and justified rather than a longer federal term.
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Oral sentencing reasons in which the court imposed a global two-year custodial sentence, 24 months’ probation, a DNA order, and waived the victim surcharge.
Conditional stay entered on the s.146(1) count under Kienapple; a custodial sentence of 4 years imprisonment with 3 years probation is fit and just given the serious aggravating factors (penetrative sexual assault of a 13‑year‑old niece, abuse of trust, lack of remorse, relevant prior convictions) and the need for denunciation and deterrence per Friesen; Crown ancillary orders granted with modifications: SOIRA for life, DNA order, 10 year firearms prohibition, non‑communication order, and a tailored 15 year s.161 prohibition with a narrowed internet restriction limited to banking, required go…
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