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In July 2016, the Crown filed a notice of appeal to the Court of Appeal in Calgary because they deemed the sentences to not be "...proportionate to the gravity of the offense or to the degree of responsibility of the offender, and is unfit." [6] In November, 2017 the Alberta Court of Appeal upheld the conviction.
Mark Andrew Twitchell (born July 4, 1979) is a Canadian filmmaker convicted of first-degree murder in April 2011 for the murder of John Brian Altinger. [2] His trial attracted particular media attention because Twitchell had allegedly been inspired by the fictional character Dexter Morgan.
The Alberta Court of Justice is an inferior court of first instance in Alberta, which means decisions from the Court of Justice may be appealed at the Court of King's Bench of Alberta and/or the Court of Appeal of Alberta. The Alberta Court of Justice hears the majority of criminal and civil cases in Alberta.
There are three conditions for issuing an appearance notice: (1) the peace officer must have reasonable grounds to believe that a person has committed a summary conviction offence, a hybrid offence, or an offence within the absolute jurisdiction of a judge of a Provincial Court, [17] (2) be satisfied on reasonable grounds that an arrest is not ...
Christopher Michael Burr was convicted on December 4, 2014, of second-degree murder in the shooting death of Duane Laybourne in Calgary, Alberta on February 3, 2013. In April 2015, Alberta's Court of Appeal quashed Burr's conviction and ordered a retrial as the judge prejudicially erred by failing to instruct the jury to consider that Burr ...
When the additional facts are in dispute, the party relying on the fact has the burden to prove it. The general standard of proof at a sentencing hearing is a "balance of probabilities". If the Crown, however, is relying on an aggravating fact or a prior conviction, the burden of proof is "beyond a reasonable doubt". [3]
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This right states that if a person committed a crime whose punishment has become lighter or harsher by the time a judge delivers a sentence, the person should receive the lighter punishment. In some cases, the Court of Appeal for Ontario and Alberta Court of Appeal have ruled that section 11(i) only applies to the sentencing given by a trial ...