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Criminal law 2024 ONCA 385

R. v. Hutchinson

The sentencing judge acted within statutory discretion and did not err in principle by imposing a 10-year driving prohibition; he properly prioritized deterrence and denunciation, considered the sentence as a whole, and his reasons were cogent and not demonstrably unfit, so the appeal is dismissed.

  • Dangerous driving causing death
  • Driving prohibition
  • Conditional sentence
  • Sentencing principles (deterrence and denunciation)
  • Fresh evidence in sentencing appeals
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Criminal law 2020 BCSC 1800

R. v. Djafar-Zade

The court accepted a joint sentencing submission for possession of cocaine for the purpose of trafficking, imposing two years less a day plus ancillary orders.

  • Possession for the purpose of trafficking
  • Joint submission on sentence
  • Sentencing principles (deterrence and denunciation)
  • Aggravating and mitigating factors
  • Ancillary orders (forfeiture, firearms prohibition, dna)
  • Joint-submission-sentence
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Criminal law C36749

R. v. Thornhill

The court upheld the conviction because the lower courts' findings and dismissal of the stay application were not unreasonable; however the sentencing judge erred by effectively fettering discretion and excluding conditional sentences contrary to R. v. Proulx, so the appellate court varied the sentence to a 12‑month conditional sentence with the agreed conditions to be served in the community.

  • Reasonable time to trial/stay application
  • Conditional sentence
  • Sentencing principles (deterrence and denunciation)
  • Criminal code s.486 non-publication orders
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.