Canada Case Law

R. v. Guerrero

Court

Court of Appeal for Ontario

The sentencing judge made no error of law or principle and the global nine-year sentence (with a 20-month Summers credit resulting in a net 88-month term) was within the appropriate range given aggravating factors including significant quantities of fentanyl, the appellant's record and bail status; the fresh evidence of 57 days in lockdown does not warrant a Duncan credit that would affect the fitness of the sentence, therefore the appeal is dismissed.

Source excerpt

• Possession for the purpose of trafficking
• Duncan credit
• Summers credit
• Sentence fitness
• Fresh evidence

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R. v. Tello

Court

Court of Appeal for Ontario

The Court held the jury instructions (multiple counts, propensity warning and co-conspirator exception) were adequate read as a whole; no special caution was required for the PGP photographs because the judge fully canvassed reliability issues; the appellant cannot raise a s.8 Charter challenge for the first time on appeal because the record shows a tactical choice and no miscarriage of justice would result (and Fliss would allow memory-refreshing); and the 15-year sentence was fit and is affirmed.

Source excerpt

• Conspiracy to import cocaine
• Pgp/encrypted messages
• Co-conspirator hearsay exception
• S.8 charter standing
• Jury instructions
• Sentence fitness

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R. v. Scott

Court

Court of Appeal for Ontario

The conviction was upheld because the trial judge permissibly inferred the appellant's knowledge and assistance from uncontested circumstantial evidence (arrival together, placement and masking of intruders, appellant remaining alone in well-lit vehicle, relationship to victim); the trial judge's stray use of 'assume' did not vitiate the reasons and there was no misapprehension of evidence that prejudiced the appellant; the sentence was fit except that the appellant was entitled to 23 days' credit for pre-sentence custody, so the appeal is dismissed and the sentence reduced by 23 days.

Source excerpt

• Aiding (party to offence)
• Knowledge requirement for aiding
• Sufficiency of reasons
• Misapprehension of evidence
• Sentence fitness
• Credit for pre-sentence custody

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R. v. Kennedy

Court

Newfoundland and Labrador Court of Appeal

The trial judge’s findings that oral sex and vaginal intercourse occurred, that the complainant did not consent and was incapacitated by intoxication, and that the appellant’s DNA was present on the complainant, were reasonably supported by the evidence (complainant’s testimony, medical findings, witness observations and DNA results including Y-STR with acknowledged limitation); no palpable and overriding error was shown and the 42-month sentence was within the appropriate range and therefore both the conviction and sentence appeals were dismissed.

Source excerpt

• Sexual assault
• Consent
• Intoxication and capacity
• Standard of review
• Y-str dna evidence
• Reasonable doubt

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R. v. L.Z.

Court

British Columbia Court of Appeal

The British Columbia Court of Appeal upheld an adult sentence for a youth convicted of second degree murder, finding no error in principle or procedural unfairness.

• Adult sentence for youth
• Publication ban
• Sentence fitness
• Expert evidence admissibility
• Adult-sentence
• Youth-criminal-justice-act

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R. v. Myles

Court

British Columbia Court of Appeal

The Court of Appeal dismissed an application to appoint counsel for conviction and sentence appeals, finding no arguable merit and no interests of justice basis.

• Appointment of counsel
• Bail pending appeal
• Credibility assessment
• Arguable/meritorious appeal threshold
• Sentence fitness
• Appointment-of-counsel

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R. v. Aguilera Jimenez

Court

Yukon Court of Appeal

The Yukon Court of Appeal allowed a Crown sentencing appeal in part, finding the judge erred by not giving oral reasons at sentencing but that the error was harmless.

• Reasons for sentence (s.726.2)
• Dial-a-dope trafficking
• Probation conditions
• Denunciation and deterrence
• Exceptional circumstances
• Sentence fitness

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R. v. Mediouni

Court

Court of Appeal for Ontario

The jury charge, read as a whole, adequately instructed on the agreement element of conspiracy and did not mislead the jury; the sentence was within the appropriate range and not demonstrably unfit, therefore the conviction and the sentence appeal are dismissed.

Source excerpt

• Conspiracy to export cocaine
• Jury instructions
• Agreement element of conspiracy
• Sentence fitness
• Leave to appeal

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R. v. Owusu

Court

Court of Appeal for Ontario

The appellate court upheld the trial judge's finding that police had objectively based reasonable grounds to suspect the identified robbery suspect was in the vehicle (observations of distinctive red clothing and recent contact), that the stop was not a ruse, that the brief detention and subsequent arrest were lawful under s.9, and that the firearm admissibly discovered incident to arrest and the imposed sentence were fit.

Source excerpt

• Investigative detention
• Charter s.9 arbitrary detention
• Search incident to arrest
• Reasonable suspicion
• Ruse stops
• Youth record relevance

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R. v. Brissett

Court

Court of Appeal for Ontario

The Court upheld the conviction and sentence: the trial judge's credibility findings rationally distinguished the appellant from the acquitted co-accused and the net delay of 27 months fell below the Jordan 30-month ceiling so there was no s.11(b) breach; the ten year sentence was fit given the quantity of drugs and prior record.

Source excerpt

• Possession for the purpose of trafficking
• Charter s.11(b) delay
• Trial fairness and credibility
• Sentence fitness

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