DDSG Criminal Law
#300, 9924 106 St NW T5K 1C4 Edmonton, AB, Canada

New post (R v Badger, 2019 Edmonton Queen's Bench- Mandatory Min. 5 Year Sentence For Sex Assault On 14 Year Old Unconstitutional) has been published at https://www.dsscrimlaw.com//r-v-badger-2019-edmonton-quee/. Accused convicted of being a party to a sexual assault on a 14-year-old girl who was intoxicated at the time. Digital penetration and oral sex. Accused held the Complainant’s legs while another individual had sexual intercourse with her. Mandatory minimum sentence for the party offence was 5 years under s. 272(2)(a.2) CC. Defence challenged the Read More.

New post (What is Consent?) has been published at https://www.dsscrimlaw.com/?p=2358. Consent is an important concept in cases of assault, especially cases of sexual assault an intentional application of force of a sexual nature without consent. The application of force and the sexual nature are typically not an issue as this could be almost any form of physical sexual contact. Whether the sexual acts were Read More.

New post (R v BM, 2019 Edmonton Youth Court - Police Mistakenly Publish Youth's Name In Child Porn Charge, Charge Stayed As Result) has been published at https://www.dsscrimlaw.com//r-v-bm-2019-edmonton-youth-co/. Accused pleaded guilty to offences under ss 163.1(4) and 172.2(1)(a) CC. He was 17 on the offence date and at the time of arrest. Complainant worked for a modelling agency and Accused posed as a staff member of the agency via email in order to seek nude photos of the Complainant. After his arrest, the Read More.

New post ("Proactive Patrol" Disguised As Vehicle Checks) has been published at https://www.dsscrimlaw.com//proactive-patrol-disguised-as/. Proactive patrol is a commonly used policing tactic where officers patrol an area looking for suspicious activity. While on proactive patrol officers will often use the very broad authority granted to them under the Traffic Safety Act (TSA) to stop vehicles for minor traffic, or vehicle equipment, violations to then attempt to discover evidence of Read More.

New post (R v Truax, 2019 Calgary Provincial Court - 4.5 Years For Major Meth. Importation Offences) has been published at https://www.dsscrimlaw.com//r-v-truax-2019-calgary-provin/. The Accused was part of a sophisticated international plan developed by a criminal organization to import large quantities of drugs. Wholesale value of the methamphetamine was around $560,000. The Accused was responsible for the actual importation of 14.5 kg of meth from the USA to Canada. She was convicted after trial of s 5(2) and Read More.

New post (R v Badger, 2019 Edmonton Queens Bench- Mandatory Min. 5 Year Sentence For Sex Assault On 14 Year Old Unconstitutional) has been published at https://www.dsscrimlaw.com//r-v-badger-2019-edmonton-quee/. Accused convicted of being a party to a sexual assault on a 14-year-old girl who was intoxicated at the time. Digital penetration and oral sex. Accused held the Complainants legs while another individual had sexual intercourse with her. Mandatory minimum sentence for the party offence was 5 years under s. 272(2)(a.2) CC. Defence challenged the Read More.

New post (R v BM, 2019 Edmonton Youth Court - Police Mistakenly Publish Youths Name In Child Porn Charge, Charge Stayed As Result) has been published at https://www.dsscrimlaw.com//r-v-bm-2019-edmonton-youth-co/. Accused pleaded guilty to offences under ss 163.1(4) and 172.2(1)(a) CC. He was 17 on the offence date and at the time of arrest. Complainant worked for a modelling agency and Accused posed as a staff member of the agency via email in order to seek nude photos of the Complainant. After his arrest, the Read More.

New post (R v Goldson, 2019 Ft. McMurray Queen's Bench - Analyst Certificate Not Required By New Impaired Law) has been published at https://www.dsscrimlaw.com//r-v-goldson-2019-ft-mcmurray-/. Crown appeal from acquittal on a charge of ‘over 80’. Issue on appeal was the interpretation of s 320.31(1) (a) CC, which requires Crown to prove that the qualified technician who took the breath samples conducted a system calibration check with results within 10% of the target value of an alcohol standard certified by an Read More.

New post (R v Achuil, 2019 Alberta Court Of Appeal - Sex Assault Conviction Appeal Fails - Defence Of Mistaken Belief In Consent Not Made Out) has been published at https://www.dsscrimlaw.com//r-v-achuil-2019-alberta-court/. Appellant convicted of sexual assault after trial appealed, arguing that the trial judge misapplied the test in W(D) and that defence of mistaken belief in consent should have been available. Held: Appeal dismissed. Court found the trial judge did not misapply W(D) and the conviction should stand. The majority reconsidered Ryon [2019 ABCA 36] on Read More.

New post (R v Sohal, 2019 Alberta Court Of Appeal - Mandatory Minimum Criminal Driving Prohibition Cant Be Reduced By Crediting Provincial Suspension) has been published at https://www.dsscrimlaw.com//r-v-sohal-2019-alberta-court-/. Two appeals (defence appeal from Sohal, 2018 ABQB 845 and Crown appeal from Watson, 2018 ABQB 832) on whether the mandatory minimum 1-year driving prohibition under the CC for impaired driving can be reduced to give credit for pre-trial provincial suspensions. In Sohal, the trial judge imposed a prohibition of 141 days, with credit for Read More.

New post (R v Goldson, 2019 Ft. McMurray Queens Bench - Analyst Certificate Not Required By New Impaired Law) has been published at https://www.dsscrimlaw.com//r-v-goldson-2019-ft-mcmurray-/. Crown appeal from acquittal on a charge of over 80. Issue on appeal was the interpretation of s 320.31(1) (a) CC, which requires Crown to prove that the qualified technician who took the breath samples conducted a system calibration check with results within 10% of the target value of an alcohol standard certified by an Read More.

New post (Steps to take if you have been Charged with a Criminal Offence) has been published at https://www.dsscrimlaw.com//steps-to-take-if-you-have-bee/. Being charged with a criminal offence is a stressful experience for anyone. Feelings of guilt or anger (when falsely accused) combined with the disruption to your life and the potential for a criminal conviction and incarceration create a situation most of us are not accustomed to. Hiring a lawyer to help navigate the criminal justice Read More.

New post (R v B, 2019 Rimbey Provincial Court - Child Pornography Charges Withdrawn) has been published at https://www.dsscrimlaw.com//r-v-b-2019-rimbey-provincial-/. Accused charged with possessing and accessing child pornography. Multiple issues presented relating to control over computer, nature of images and possible motives to frame the accused. Held: Crown directs withdrawal of all charges at preliminary inquiry stage.

New post (R v B, 2019 Alberta Court of Appeal - Ineffective Assistance Of Lawyer Results In New Trial) has been published at https://www.dsscrimlaw.com//r-v-b-2019-alberta-court-of-a/. Appellant convicted at trial of sexual assault in relation to step-daughter. Evidence that mother of complainant had motive to fabricate due to custody battle and ability to influence complainants evidence but Trial Judge finding that he was satisfied that the complainants evidence alone established guilt beyond a reasonable doubt. Held: Conviction overturned on appeal. Original Read More.

New post (R v Matchee, 2019 Alberta Court Of Appeal - 7 Year Robbery Sentence Reduced to 6 Due To Gladue Factors) has been published at https://www.dsscrimlaw.com//r-v-matchee-2019-alberta-cour/. Appellant convicted after trial of 10 counts (robbery, break and enter, unlawful confinement, and others). He appealed his 7-year jail sentence on the robbery, saying the trial judge erred by not giving effect to Gladue factors. He argued a 5-year jail sentence would have been appropriate. His Gladue factors included family members in residential schools Read More.

New post (R v Churchill, 2019 Alberta Court Of Appeal - Sentence Reduced From 3 Years, 5 Months to 2 Years For Fentanyl Trafficking) has been published at https://www.dsscrimlaw.com//r-v-churchill-2019-alberta-co/. Appeal from a global sentence of 3 years and 5 months (including other drug and weapons offences) on the basis that the trial judge erred in categorizing a holding out offence in the same sentence range as trafficking fentanyl. Appellant was convicted of trafficking in fentanyl. He sold a substance represented to be fentanyl to Read More.

New post (R v Taylor, 2019 Vermilion Provincial Court - Presumption Of Identity Applies To Transitional Impaireds/Presumption Of Accuracy Does Not Require Certificate Of Analyst) has been published at https://www.dsscrimlaw.com//r-v-taylor-2019-vermilion-pro/. Trial on a charge under s. 253(1)(b) CC. Transitional case. Crown sought to rely on the presumption of accuracy through information in the Certificate of Qualified Technician, which stated that the calibration check results were within 10% of the target values of an alcohol standard which was certified by an analyst. Further, Crown did not Read More.

New post (R v Hanna, 2019 Edmonton Provincial Court - Old Presumption Of Identity Applies To Transitional Impaired Cases/Hearsay Allowed To Prove Analyst Requirement) has been published at https://www.dsscrimlaw.com//r-v-hanna-2019-edmonton-provi/. Trial on a charge of driving over 80 under s. 253(1)(B) CC. Issues of whether the former presumption of identity under s. 258 CC continues to apply in a transitional case where the offence precedes the Bill C-46 amendments but the trial is held after; and whether the Crown could rely on the s. 320.31 Read More.

New post (R v M, 2019 Edmonton Provincial Court - Police Cant Use Traffic Stop As Justification For Detention For General Criminal Investigative Purpose) has been published at https://www.dsscrimlaw.com//r-v-m-2019-edmonton-provincia/. Appellant convicted after trial of driving while disqualified and breach of probation. Police were conducting proactive patrols with a view to detecting stolen vehicles, specifically targeting Ford trucks. Appellant was driving a Ford F150 registered to a female. At trial, defence alleged a s. 9 Charter breach. The Trial Judge held that the traffic stop Read More.

New post (R v Kettles, Edmonton Provincial Court - Breathalyzer Results Not Presumed Accurate Under New Law Without Certificate Of Analyst) has been published at https://www.dsscrimlaw.com//r-v-kettles-edmonton-provinci/. Trial on impaired driving and over 80 charges. The Crown did not tender a Certificate of Analyst or Qualified Technician; rather, the Crown adduced the machine test sheet and the technician gave viva voce testimony. Issue of whether this met the requirements of s. 320.31 CC so as to trigger the presumption of accuracy. Held: Read More.

New post (R v Mohamed, 2019 Edmonton Queens Bench - Traffic Stop Combined With General Criminal Law Purpose Is Arbitrary Detention) has been published at https://www.dsscrimlaw.com//r-v-mohamed-2019-edmonton-que/. Appellant convicted after trial of driving while disqualified and breach of probation. Police were conducting proactive patrols with a view to detecting stolen vehicles, specifically targeting Ford trucks. Appellant was driving a Ford F150 registered to a female. At trial, defence alleged a s. 9 Charter breach. The Trial Judge held that the traffic stop Read More.

New post (How does the appeal process work in Canada?) has been published at https://www.dsscrimlaw.com//how-does-the-appeal-process-w/. The appeal process in Canada exists to allow a trial decision to be reviewed by a higher-level court and ensure the decision was legally correct and prevent injustices. An appeal needs to be based on interpretations of the law, or overriding errors in judgment, where the decision could not have been supported by the evidence Read More.

New post (What Type of Crimes Can be Pardoned?) has been published at https://www.dsscrimlaw.com//what-type-of-crimes-can-be-pa/. A criminal record can be detrimental to finding and keeping employment in the modern economy. A pardon also referred to as a record suspension can be requested to remove criminal convictions from someones record. Canadians can apply for a pardon from the Parole Board of Canada after a certain amount of time following Read More.

New post (Search And Statements By Accused Allowed Into Evidence Despite Charter Violations - R v Downey, 2019 Calgary Queens Bench) has been published at https://www.dsscrimlaw.com//search-and-statements-by-accu/. Accused arrested for kidnapping and forcible confinement of a child (later found dead), and murder of her mother. He made statements which Crown wanted to use in cross-examination if accused testified. Accused argued statement was not voluntary on the basis of oppression. He also applied for exclusion of items seized, photos, clothing and swabs, arguing Read More.

New post (Fentanyl Trafficking Receives 8.5 Month Sentence Instead of 4.5 Years Sought By Crown - R v Yarmey, 2019 Edmonton Queens Bench) has been published at https://www.dsscrimlaw.com//fentanyl-trafficking-receives/. Accused pled guilty to one count of trafficking 2.1 grams of cocaine and two counts of trafficking fentanyl, 3 pills on one occasion and 12 pills on a second. Crown sought 4-4.5 years and asked a starting point of 6 years jail be set. Defence sought a rehabilitative sentence which took into account the accuseds Read More.

New post (Conditional Discharge Available Upon Conviction For Dangerous Driving Causing Bodily Harm - R v Chowdhury, 2019 Alberta Court Of Appeal) has been published at https://www.dsscrimlaw.com//conditional-discharge-availab/. Appellant pled guilty to dangerous operation of a motor vehicle causing bodily harm (Code s 249(3)) He was sentenced to a $3,500 fine and one-year driving prohibition plus a victim surcharge (VFS) of $1,050. Prior to sentencing, appellant voluntarily completed a defensive driving course. Appellant had a family and was a chartered accountant studying for Read More.

New post (No Need For Two Roadside Tests To Justify Breath Demand - R v Singh, 2019 Edmonton Provincial Court) has been published at https://www.dsscrimlaw.com//no-need-for-two-roadside-test/. Accused was charged with operating a conveyance with blood alcohol over the legal limit and impaired driving. In a s 8 Charter voir dire, defence argued the police, in obtaining one failed ASD reading, did not meet the requirements of s 320.27(2) of the Code and therefore a warrantless search took place. Defence sought exclusion Read More.

New post (Bail Delay Over 24 Hours Should Not Have Resulted In Stay Of Charge - R v Reilly, 2019 Alberta Court Of Appeal) has been published at https://www.dsscrimlaw.com//bail-delay-over-24-hours-shou/. Crown appealed a stay of charges of assault causing bodily harm, unlawful confinement, assault, mischief, and failure to comply with probation order arising in a domestic context. The stay was granted under s. 24(1) due to systemic problems within the bail system in Alberta, which resulted in the accused being held for longer than 24 Read More.

New post (Alberta Review Board Failed To Consider "least restrictive" Option On Not Criminally Responsible Review - R v W.C.R., 2019 Alberta Court Of Appeal) has been published at https://www.dsscrimlaw.com//alberta-review-board-failed-t/. Appellant was under supervision of the Alberta Review Board (ARB) for approximately four years after being found NCR for arson committed at age 16. Appellant argued that the treatment teams recommendations did not correctly state the legal test, and did not address whether he was a significant threat to the safety of the public, and Read More.

New post (Acquitted Of Assault Causing Bodily Harm - Defence Of Self & Property: R v T, 2019 Red Deer Provincial Court) has been published at https://www.dsscrimlaw.com//acquitted-of-assault-causing-/. Client charged with assault causing bodily harm. Alleged that client assaulted a family member in the course of an argument. Complainant testified to being assaulted (punched and dragged) by the Accused. Client testified that there was pushing and shoving, but that the complainant was the aggressor and client was acting in defence of himself and Read More.

New post (Sexual Assault Conviction Overturned Because Trial Judge Interferred With Cross-Examination - R v Q, 2019 Alberta Court Of Appeal) has been published at https://www.dsscrimlaw.com//sexual-assault-conviction-ove/. Defence appeal from conviction at trial of sexual assault. Issue on appeal of whether the trial judges numerous interjections during cross-examination of the complainant impeded the accuseds right to make full answer and defence. Held: Appeal allowed; new trial ordered. Schmaltz, 2015 ABCA 4 followed. A review of the transcript of the cross-examination of the Read More.

New post (Acquittal On Impaired Care Or Control Case - R v B, 2019 Edmonton Provincial Court) has been published at https://www.dsscrimlaw.com//acquittal-on-impaired-care-or/. Client charged with care or control of vehicle while ability impaired and while blood alcohol concentration was over limit. Client had been found in drivers seat with keys in ignition upon police arrival. Provided samples of breath that were more than twice the legal limit. Held: Acquittal. Court heard evidence of clients intention to be Read More.

New post (R. v. I., 2019 Ft. McMurray Provincial Court) has been published at https://www.dsscrimlaw.com//r-v-i-2019-ft-mcmurray-provin/. Client charged with possession of various substances for the purposes of trafficking after landlord discovered evidence of cocaine to crack conversion in a closet. Police executed a search warrant and client was found inside the premises. Held: Acquittal. Case proceeded to trial, but after hearing defence lawyers cross examination of their star witness, the Crown Read More.

New post (Crown Withdraws Drug Trafficking Charges Following Cross-Examination of Police Officer R. v M., 2019 Edmonton Provincial Court) has been published at https://www.dsscrimlaw.com//crown-withdraws-drug-traffick/. Client was charged with drug trafficking. The allegations were that the client was involved in a hand-to-hand drug transaction with an undercover police officer. The investigation relied on a catch-and-release method, whereby the suspect is identified, but not immediately arrested, following an undercover buy. Held: Charges withdrawn. Crown elected to withdraw the charges at the Read More.

New post (Jail Not Available For Cruelty Under Animal Protection Act - R. v Schultz, Red Deer Provincial Court) has been published at https://www.dsscrimlaw.com//jail-not-available-for-cruelt/. A husband and wife were convicted of Animal Protection Act (APA) offences due to egregious neglect of approximately 100 animals (ranging from infants to adults) on their rural property, including cattle, horses, donkeys, and llamas. Crown sought a 60 to 90-day jail sentence. Defence sought a fine no higher than $1600. Held: $8500 and $6500 Read More.

New post (Child Pornography Sentence Reduced On Appeal Due to Remand Segregation - R v G.K.S., 2019 Edmonton Provincial Court) has been published at https://www.dsscrimlaw.com//child-pornography-sentence-re/. Accused pled guilty to 4 offences: 2 counts of s 151 and 2 counts of s 163.1(2) CC. Crown sought 8 years. Defence sought 6 years. Accused spent 310 days of pre-trial custody in administrative segregation. Crown submitted sentencing judge should view photos giving rise to the s 163.1(2) offences as part of sentencing. Held: Read More.

New post (One Year Sentenced Changed To House Arrest On Appeal On Careless Use Of Firearm - R v Bergh, Alberta Court Of Appeal) has been published at https://www.dsscrimlaw.com//one-year-sentenced-changed-to/. Defence appeal from one-year jail sentence imposed for s 86(1) CC offence. Gun was discharged, causing serious injuries, during sex between appellant & complainant as he was running it along her side, back and buttocks. Neither party knew it was loaded. Both were using intoxicants. Appellant argued sentencing judge erred in overemphasizing dated criminal record Read More.

New post (Additional Enhanced Credit For Time Served Denied - R v Adams, 2019 Alberta Court Of Appeal) has been published at https://www.dsscrimlaw.com//additional-enhanced-credit-fo/. Defence appeal from sentence of 6 years and 3 months jail for distribution of child pornography, luring, criminal harassment, sexual interference, and uttering threats. Appellant argued sentencing judges credit of the equivalent of 3.6:1 for time spent in remand did not factor in lengthy placement in lockdown for 21-23 hours/day arising from administrative segregation, protective Read More.

New post (Guilty Plea Struck Down Due To Bad Legal Advice - R v Del Corro, Alberta Court Of Appeal) has been published at https://www.dsscrimlaw.com//guilty-plea-struck-down-due-t/. Appellant pled guilty to s 5(2) (cocaine) and s 4(1) (oxycodone) CDSA offences. Trial Judge found breaches of Charter ss 8 and 9 but declined to exclude evidence under 24(2). Appellant pled guilty following that voir dire decision, in part because defence counsel at trial told him he could still appeal the conviction on the Read More.

New post (Mandatory Minimum Sentence For Sexual Interference Struck Down - R v Ford, 2019 Alberta Court Of Appeal) has been published at https://www.dsscrimlaw.com//mandatory-minimum-sentence-fo/. Accused convicted of sexual interference after trial and sentenced to 6 months jail plus 3 years probation, after the trial judge struck down the mandatory minimum sentence for s 151(a) CC. Crown appealed. The 20-year-old accused communicated with the 13-year-old complainant on Facebook for a couple months, then had sex with her in a public Read More.