Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Canada decisions
Decisions matching the current search
The court sentenced Charlene Alexander for second degree murder to life imprisonment with 10 years parole ineligibility, after weighing Gladue factors, remorse, and rehabilitation.
The appeal is dismissed because the sentencing judge's finding of wilful, persistent and flagrant breach (no-contact violation and facilitation of drug sales) was supported by ample evidence and the appellant failed to show exceptional circumstances under s.742.6(16) to deem any period of suspension time served; most delay was attributable to the appellant and the breach seriousness defeated a finding of the requisite 'clearest of cases' exception.
Source excerpt
Sentence appeal in a child pornography case. The Court of Appeal allowed an explicit incidental-contact exception for the no-contact probation term, but upheld the place and employment restrictions.
The Court of Appeal cancelled the appellant’s bail pending appeal and ordered her detained, finding repeated non-compliance and serious public-safety concerns.
The court granted Mr. Buchanan bail on a murder charge, finding the proposed surety plan and strict conditions adequately addressed the secondary and tertiary grounds.
The trial judge did not err in principle by imposing the geographic no-go condition because there was a demonstrated nexus between the offender, the offence, protection of the victim/community and the offender's reintegration; given the appellant's lack of ties to the peninsula, the geographic boundary at Piper's Hole River Bridge was a reasonable, restrained and effective means to prevent contact and was not demonstrably unfit, warranting appellate deference.
Source excerpt
Sentencing reasons in a sexual assault case: 45 months’ total imprisonment, with ancillary orders including a lifetime weapons ban, DNA order, probation, and sex-offender registry registration.
The Supreme Court of Canada held that amended Criminal Code s. 161(1)(c) and (d) are punishment under Charter s. 11(i), but only the retrospective no-contact order was unjustified.
Sentence appeal in R. v. Bullerwell: the court upheld the six-month jail term and 18 months’ probation, but removed an overbroad no-contact condition concerning the appellant’s son.
Appeal dismissed. The court upheld a two-year probation order, including a no-contact condition, after repeated breaches of court orders and found no sentencing error.
Explore more
