Canada Case Law

R. v. Omar

Court

Supreme Court of British Columbia

Judge found aggravating factors (deliberate, repeated knife attacks, invasion of victim's bedroom, injuries and weapon use) outweighed mitigating factors but noted provocation context and background; imposed four years six months for aggravated assault and three years for attempted break and enter to be served concurrently; awarded 54 days credit for pre-trial custody; ordered firearms prohibition, DNA order, forfeiture/destruction of knives and blood-stained clothing, transmission of reports to CSC, and a no-contact order while in custody.

Source excerpt

• Aggravated assault
• Attempted break and enter
• Concurrent sentencing
• Credit for pre-trial custody
• Ancillary orders (firearms prohibition, dna, forfeiture)
• Impact of race and culture evidence

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R. v. Bonenfant

Court

Court of Appeal for Ontario

Although the trial judge erred in principle by excluding the conditions of incarceration from the Duncan/Marshall credit analysis, the error was harmless in the circumstances given significant aggravating factors and did not render the sentence unfit; accordingly the sentence appeal is dismissed.

Source excerpt

• Sentencing
• Credit for pre-trial custody
• Conditional sentence incarceration conditions
• Plea negotiation

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R. v. Isbister

Court

Supreme Court of British Columbia

The court sentenced Kelly Glen Isbister to a global 27-month custodial term for child pornography possession and breaching a recognizance, with ancillary orders and custody credit.

• Possession of child pornography
• Breach of recognizance (s.810.1)
• Credit for pre-trial custody
• Gladue factors
• Cso availability
• Soira/dna orders

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R. v. Haq

Court

British Columbia Court of Appeal

Sentence appeal dismissed. The Court held pre-trial custody could be credited against the mischief sentences because there was a sufficient causal connection.

• Credit for pre-trial custody
• Breach of release order
• Mischief
• Interpretation of s.719(3) criminal code
• Pre-trial-custody-credit
• Sentencing

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R. v. Aeichele

Court

Supreme Court of British Columbia

Sentencing for joint possession-for-trafficking convictions: Knauff received 30 months’ imprisonment; Aeichele received an 18-month conditional sentence order.

• Possession for the purpose of trafficking
• Conditional sentence order
• Sentencing ranges
• Ancillary orders (dna, forfeiture, firearms ban)
• Credit for pre‑trial custody
• Sentencing

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R. v. Lewis

Court

Court of Appeal for Ontario

The sentencing judge's exercise of discretion was reasonable: no additional pre-trial custody or house-arrest credit was warranted in the absence of case-specific evidence of exceptional hardship, and the disparity with the co-accused's sentence was justified by the appellant's impairment, longer and more aggravating criminal and driving records, and his probationary status at the time of the offence; appeal dismissed.

Source excerpt

• Impaired driving causing death
• Criminal negligence causing death
• Sentencing parity
• Credit for pre-trial custody
• House arrest bail credit

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R. v. Hadi

Court

Court of Appeal for Ontario

Leave to appeal was granted and the appeal was allowed because the parties had miscalculated pre-trial custody credit; the appellant was entitled to an additional 257 days of credit, and the sentence was reduced accordingly.

Source excerpt

• Credit for pre-trial custody
• Sentence reduction

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R. v. D.W.L.

Court

Supreme Court of British Columbia

Sentencing reasons for incest and sexual interference against the offender’s daughter, with Gladue factors considered and a six-year sentence imposed on the incest count.

• Incest (s.155)
• Sexual interference (s.151)
• Minimum mandatory sentences
• Ancillary orders (soira, dna, prohibitions)
• Gladue factors
• Aggravating and mitigating factors

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R. v. Balfe

Court

Supreme Court of Nova Scotia

Given the offender's severe and complex untreated mental illnesses at the time of the offences, his diminished moral culpability, youth, guilty pleas and sustained treatment progress, rehabilitation was given primacy over parity and general deterrence; a fit sentence is concurrent federal terms of 2 years on six counts with 3 years probation, with credit of 461 days for prior house arrest and pre-trial custody reducing actual custodial exposure to approximately 9 months.

Source excerpt

• Mitigation
• Parity
• Diminished culpability
• Pre-sentence report
• Credit for pre-trial custody
• Ancillary orders

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R. v. Chappell

Court

Supreme Court of British Columbia

Sentence dans une affaire de vols, harcèlement criminel, défauts de comparaître et infractions violentes commises dans un contexte de dépendance à la méthamphétamine.

• Concurrent versus consecutive sentencing
• Totality principle
• Credit for pre-trial custody
• Gap principle
• Rehabilitation of addicted offenders
• Statutory minimums and mandatory consecutive sentences

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