Canada Case Law

R. v. Cripps

Court

Supreme Court of Nova Scotia

The court accepted the jointly recommended sentence because it was within the appropriate range given the gravity of the offences, the offender's responsibility, and the Friesen direction to emphasize denunciation and deterrence; acceptance of the joint submission was consistent with Anthony-Cook as it was not unhinged from the circumstances or contrary to the public interest, and ancillary protective orders were imposed as recommended.

Source excerpt

• Guilty plea
• Joint recommendation on sentence
• Denunciation and deterrence
• Publication ban
• Ancillary orders (dna, soira, weapons prohibition, no-contact)

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R. v. Santolla

Court

Supreme Court of British Columbia

The joint submission was accepted as fit after consideration of the agreed facts, aggravating factors (manufacture of restricted firearms and trafficking large quantities of controlled substances, prior drug conviction) and mitigating factors (guilty plea, family support, employment history, dated prior conviction), resulting in sentences of 3 years (Count 1), 4 years (Count 3) and 5 years (Count 4) with Counts 3 and 4 concurrent and consecutive to Count 1 for a global term of eight years, plus ancillary orders including firearms prohibitions, DNA order and forfeiture (with certain third-part…

Source excerpt

• Guilty plea
• Joint submission on sentence
• Ancillary orders
• Denunciation and deterrence
• Aggravating and mitigating factors

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R. v. Mansoor

Court

Court of Appeal for Ontario

The Court of Appeal allowed the appeal, set aside the conviction for assault causing bodily harm, and substituted a conviction for common assault after a mutual plea mistake.

• Guilty plea
• Mutual mistake
• Conviction substitution
• Common assault
• Assault causing bodily harm
• Guilty-plea

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R. v. Crowe

Court

British Columbia Court of Appeal

The British Columbia Court of Appeal dismissed Mr. Crowe’s conviction appeal for want of prosecution after more than a year of inactivity despite warnings.

• Appeal
• Want of prosecution
• Guilty plea
• Application to strike plea
• Sentence
• Appeal-dismissed-for-want-of-prosecution

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R. v. Reyes

Court

Court of Appeal for Ontario

The Ontario Court of Appeal dismissed two criminal appeals by Althea Reyes, upholding guilty plea convictions, an obstruction of justice conviction, and sentence-related rulings.

• Guilty plea
• Plea inquiry
• Duress
• Conditional sentence
• Breach of conditional sentence
• Perjury

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R. v. Potter

Court

Court of Appeal for Ontario

The Court of Appeal for Ontario dismissed the conviction appeal and the sentence appeal in R. v. Potter, finding the guilty plea informed and the 18-month sentence fit.

• Guilty plea
• Sentence
• Appeal
• Operation while disqualified
• Obstruction of an officer
• Guilty-plea

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R v. Caldi

Court

Supreme Court of Nova Scotia

The court accepted the joint recommended sentences because they appropriately reflected denunciation and deterrence, accounted for aggravating factors (serious, life‑threatening violence and weapons), gave weight to the offender's criminal record, and balanced mitigating evidence including addiction, mental health issues and culturally informed rehabilitation prospects (IRCA); the totality principle supported the specific concurrent and consecutive structure producing a 9‑year aggregate, with an agreed 1.5:1 credit for 2 years 8 months remand reducing the go‑forward term to 6 years 4 months,…

Source excerpt

• Aggravated assault
• Possession of prohibited weapon
• Possession of prohibited firearm
• Breach of release order
• Assault on a peace officer
• Guilty plea

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R. v. Grewal

Court

British Columbia Court of Appeal

The Court of Appeal set aside guilty pleas after defence counsel gave incorrect immigration advice, finding the pleas uninformed and granting a new trial.

• Guilty plea
• Misinformation by counsel
• Miscarriage of justice
• Inadmissibility under s.36(1) irpa
• Fresh evidence
• Extension of time

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R. v. Desouza

Court

Court of Appeal for Ontario

The sentencing judge properly applied Gladue principles by considering systemic and individual background factors, reasonably concluded those factors did not sufficiently diminish moral blameworthiness given the offender's predatory conduct and prior related conviction, and imposed a seven-year sentence within the acceptable range; there is no error in principle and the sentence is not demonstrably unfit.

Source excerpt

• Sentencing
• Gladue principles
• Human trafficking
• Assault with a weapon
• Failure to comply with release order
• Guilty plea

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R. v. Pinsky

Court

Supreme Court of Nova Scotia

Because no jury had been empanelled and acceptance of a guilty plea in advance of trial is a legal matter for the trial judge, the court (judge alone), with Crown consent, has jurisdiction under s.606 and the authorities (Luis, Rowbotham) to accept a guilty plea to second‑degree murder without a notice of re‑election to judge alone.

Source excerpt

• Mode of trial
• Guilty plea
• Re‑election
• Section 606(4)
• Judge alone trial
• Jury trial

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