Canada Case Law

R. v. Heikel

Court

Supreme Court of British Columbia

On the balance of probabilities the combined video evidence, credible witness testimony and admitted narrative established that Heikel sold a substance to the male visitor; that trafficking constituted an aggravating factor and, given Heikel's repeated breaches, serious underlying offences and prior warnings, termination of the conditional sentence and commitment to custody until sentence expiration was the appropriate disposition under s.742.6(9).

Source excerpt

• Breach of conditional sentence
• Trafficking
• Standard of proof - balance of probabilities
• Aggravating factors
• Evidence and witness credibility

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R. v. Rhyno

Court

Supreme Court of British Columbia

The appeal is dismissed because the sentencing judge acted within her discretion: she properly weighed aggravating and mitigating factors, reasonably concluded that denunciation and deterrence warranted a 12 month custodial sentence given the assault on a healthcare worker in a small community and the demonstrable impact on service delivery, and although she should have given parties an opportunity to respond to an inaccessible unreported case she relied on, that procedural omission was not material and would not have affected the sentence.

Source excerpt

• Assault causing bodily harm
• Aggravating factors
• Deterrence
• Principle of restraint
• Judicial impartiality
• Access to health services

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R. v. Strong

Court

Supreme Court of Nova Scotia

The court accepted the joint Crown‑defence recommendation because, after applying ss. 718 and 718.2, considering statutory aggravators (multiple deaths, extreme speed, passing on a solid line, adverse conditions) and mitigating factors (youth, lack of record, guilty pleas, difficult upbringing and rehabilitation prospects), the negotiated global sentence of 54 months with the proposed ancillary orders was within the range established by comparable authority and was not so unhinged from reasonable public expectations as to bring the administration of justice into disrepute.

Source excerpt

• Dangerous driving
• Causing death
• Causing bodily harm
• Guilty plea credit
• Aggravating factors
• Mitigating factors

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R. v. Francois

Court

Court of Appeal for Ontario

Ontario Court of Appeal dismissed Eugene Francois’s sentence appeal, upholding a 76-month custodial sentence for sexual exploitation, child pornography and voyeurism.

• Sexual exploitation
• Child pornography
• Voyeurism
• Consecutive sentences
• Pre-sentence custody credit
• Aggravating factors

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R. v Bundy

Court

Supreme Court of Nova Scotia

The trial judge correctly interpreted s.320.2 as applying its minimums only where the offender had a prior conviction for the same bodily-harm category of offence; because the statutory text and scheme are unambiguous and Parliament did not deem simpliciter convictions to be earlier offences for s.320.2, a nine-month conditional sentence order was legally available and, despite peripheral errors (judicial notice and non‑consideration of s.320.22(e)), the sentence was fit and was therefore upheld.

Source excerpt

• Impaired driving
• Mandatory minimum sentences
• Conditional sentence order
• Driving prohibition
• Aggravating factors
• Bill c-46 reforms

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R. v. Johnson

Court

Supreme Court of British Columbia

Sentencing for assault with a weapon and dangerous driving arising from a vehicle incident at a Victoria protest. The court imposed 12 months’ imprisonment, concurrent 30 days, and probation.

• Assault with a weapon
• Dangerous driving
• Conditional sentence
• Aggravating factors
• Mental health mitigation
• Probation and ancillary orders

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R. v. Monteith

Court

Supreme Court of British Columbia

At sentencing for first degree murder, the court imposed mandatory life imprisonment with 25 years parole ineligibility, found the killing was paid, and granted ancillary orders.

• First degree murder
• Parole ineligibility
• Aggravating factors
• Ancillary orders
• Dna order
• Firearms prohibition

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R. v. Degner

Court

Supreme Court of British Columbia

After a jury conviction for sexual assault, the British Columbia Supreme Court imposed 2.5 years’ imprisonment and ancillary orders, rejecting a conditional sentence.

• Conditional sentence
• Aggravating factors
• Ancillary orders (soira, dna, weapons prohibition)
• Victim impact
• Denunciation and deterrence
• Sentencing

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R. v. R.G.

Court

Court of Appeal for Ontario

The sentencing judge erred in principle by (1) treating the expert risk assessment as of limited or no value based on the absence of agreed facts without evidence the expert's opinion would change and by holding the appellant personally responsible for that omission, and (2) treating the appellant's mental health issues as a neutral factor when there was no basis to do so; those errors impacted the sentence and warranted reducing the sentence from six to five years concurrent, while upholding the application of the intimate partner aggravator.

Source excerpt

• Sexual assault
• Unlawful confinement
• Sentencing
• Aggravating factors
• Mental health mitigation
• Intimate partner aggravator

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R. v. 32992

Court

Supreme Court of British Columbia

After a jury conviction for sexual assault, the Court made s. 724 sentencing findings and accepted only the minimum fact consistent with the verdict.

• S.724 criminal code
• Reasonable doubt / w(d)
• Jury verdict implications
• Single-count indictment
• Aggravating factors
• Sexual-assault

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