Canada Case Law

R. v. Caines

Court

Supreme Court of Nova Scotia

The court applied the public interest test for joint recommendations and accepted the joint 2-year custodial sentence because it fell within the established range for comparable manslaughter cases, appropriately balanced the principles of denunciation, general deterrence and rehabilitation, reflected the offender's low moral blameworthiness in a 'near accident' context, and was not contrary to the public interest.

Source excerpt

• Manslaughter
• Sentencing
• Joint submission
• Pre-trial custody credit
• Ancillary orders

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R. v. Delair

Court

Supreme Court of British Columbia

The court accepted the joint submission because the proposed global custodial sentence of 15 years was fit and proportionate in all the circumstances and was not so unhinged from the facts as to undermine public confidence; the sentence was imposed as 5,475 days, with 618 days actual pre‑trial custody credited as 927 days, leaving 4,548 days to be served, together with specified ancillary orders.

Source excerpt

• Joint submission
• Mandatory minimums
• Totality principle
• Pre-trial custody credit
• Ancillary orders

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R. v. Imbeault-Bachand

Court

Supreme Court of British Columbia

The court accepted the joint submission under Anthony‑Cook, imposed a global sentence of 3.5 years (1,277 days) with the specified concurrent and consecutive breakdowns for indictments 77987‑2 and 79985‑2, credited pre-trial custody at 1.5x (519 days = 779 days) leaving 498 days remaining, and ordered ancillary measures including forfeiture, a 10‑year weapons prohibition and a DNA sample as in the joint submission.

Source excerpt

• Possession of prohibited firearm
• Possession of firearm while prohibited
• Operating while pursued
• Dangerous operation of a motor vehicle
• Pre-trial custody credit
• Gladue factors

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R. v. Buitenweg

Court

Supreme Court of British Columbia

The court sentenced Kimberley Grace Buitenweg and Joseph Shawn McWilliams to five years each for manslaughter after early guilty pleas and significant mitigation.

• Manslaughter
• Sentencing
• Gladue principles
• Guilty plea mitigation
• Causation
• Pre-trial custody credit

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R. v. Amuthan

Court

Court of Appeal for Ontario

The Ontario Court of Appeal dismissed conviction appeals in a cocaine trafficking case, finding no error in the trial judge’s circumstantial evidence analysis.

• Possession for the purpose of trafficking
• Possession of proceeds of crime
• Circumstantial evidence
• Knowledge and control
• Sentence appeal
• Pre-trial custody credit

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R. v. Campbell

Court

Supreme Court of British Columbia

Sentencing reasons in R. v. Campbell, a manslaughter with a firearm case, where the court accepted a joint submission and imposed five years’ imprisonment plus ancillary orders.

• Manslaughter
• Party liability (s.21(2))
• Joint submission on sentence
• Gladue/indigenous factors
• Pre‑trial custody credit
• Probation and ancillary orders

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R. v. Scott

Court

Supreme Court of British Columbia

The court sentenced Lindsay Scott to six years for manslaughter, with three years’ probation, after finding her culpability was reduced by mental illness and methamphetamine intoxication.

• Manslaughter
• Intoxication
• Mental disorder as mitigation
• Pre-trial custody credit
• Probation conditions
• Ancillary orders (firearms, dna)

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R. v. Moazami

Court

British Columbia Court of Appeal

The British Columbia Court of Appeal reduced Reza Moazami’s sentence from 23 years to 20 years and 8 months, and dismissed his fresh evidence application.

• Right to trial
• Fresh evidence
• Pre-trial custody credit
• Mandatory minimum sentences
• Totality principle
• Rehabilitation

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R. v. Bos

Court

Supreme Court of British Columbia

The court sentenced Justin Michael Bos to a global 19 years for two manslaughters by firearm and a firearms offence, with enhanced credit and ancillary orders.

• Manslaughter
• Manufacturing and trafficking of firearms
• Pre-trial custody credit
• Joint sentencing submissions and anthony-cook principles
• Ancillary orders (dna, prohibition, non-communication, forfeiture)
• Firearms-offences

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R. v. Lojovic

Court

Court of Appeal for Ontario

The trial judge did not err in refusing the NCR assessment because the evidence adduced at trial did not give reasonable grounds under s.672.11(b) to order an assessment; the sentencing judge erred in principle by treating the appellant's bipolar disorder as an aggravating factor, which had an impact on sentence, and the appropriate global sentence is substituted at 8 years with corrected pre-trial custody credit of 771 days.

Source excerpt

• Dangerous driving causing death
• Failure to remain causing death
• Breach of probation
• Ncr assessment under s.672.11
• Bipolar disorder and culpability
• Pre-trial custody credit

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