J.P. v. R, 2020 SKCA 52

JudgeSchwann, Leurer and Kalmakoff JJ.A.
CourtCourt of Appeal (Saskatchewan)
Case DateApril 30, 2020
JurisdictionSaskatchewan
Citations2020 SKCA 52
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22 practice notes
  • Table of cases
    • Canada
    • Casebook Collection Sentencing and Penal Policy in Canada: Cases, Materials and Commentary, 4th Edition
    • May 8, 2024
    ...501 Joseyounen , R v , 1995 CanLII 10830, [1995] 6 WWR 438 (Sask Prov Ct) ..................... 787 JP , R v , 2020 SKCA 52 ................................................................. 582 Junkert , R v , 2010 ONCA 549 .......................................................... 207 JW ,......
  • Ancillary Orders
    • Canada
    • Casebook Collection Sentencing and Penal Policy in Canada: Cases, Materials and Commentary, 4th Edition
    • May 8, 2024
    ...have consistently eliminated the victim surcharge on appeals from sentencing decisions: see e.g. Perley v R , 2019 NBCA 88 ; R v JP , 2020 SKCA 52; R v Tahmasebi , 2020 ONCA 47 . VIII. FURTHER READING Amyot, Vanessa, “Sex Offender Registries: Labelling Folk Devils” (2009) 55 Crim LQ 188. Be......
  • R v Bear, 2022 SKCA 69
    • Canada
    • Court of Appeal (Saskatchewan)
    • June 7, 2022
    ...because those factors may have an impact on the offender’s moral culpability (R v Ratt, 2021 SKCA 7 at para 73; R v J.P., 2020 SKCA 52 at para 65, 62 CR (7th) 328 [121]       In terms of the gravity of the offence, sexual assault is undoubtedly objective......
  • R v Jimmy,
    • Canada
    • Court of Appeal (Saskatchewan)
    • March 1, 2023
    ...107 [ Bear]) – and even where the nature of the offence calls for a sentence of incarceration ( Charles at para 41 and R v J.P., 2020 SKCA 52 at paras 63-64, 62 CR (7th) 328 [ 23 The approach required by s. 718.2(e) calls upon “judges to carefully consider (i) the extent to wh......
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20 cases
  • R v Bear,
    • Canada
    • Court of Appeal (Saskatchewan)
    • June 7, 2022
    ...because those factors may have an impact on the offender’s moral culpability (R v Ratt, 2021 SKCA 7 at para 73; R v J.P., 2020 SKCA 52 at para 65, 62 CR (7th) 328 [121]       In terms of the gravity of the offence, sexual assault is undoubtedly objective......
  • R v Jimmy,
    • Canada
    • Court of Appeal (Saskatchewan)
    • March 1, 2023
    ...107 [ Bear]) – and even where the nature of the offence calls for a sentence of incarceration ( Charles at para 41 and R v J.P., 2020 SKCA 52 at paras 63-64, 62 CR (7th) 328 [ 23 The approach required by s. 718.2(e) calls upon “judges to carefully consider (i) the extent to wh......
  • R v Ratt,
    • Canada
    • Court of Appeal (Saskatchewan)
    • January 21, 2021
    ...have shaped the offender’s personal circumstances, because those factors may have an impact on the offender’s moral culpability (R v J.P. 2020 SKCA 52 at para 65, 62 CR (7th) 328 [74] In this case, there is no doubting the objective gravity of the offence. Aggravated assault is the most ser......
  • R v Dillon,
    • Canada
    • Court of Appeal (Saskatchewan)
    • February 8, 2022
    ...Mr. Dillon says that the error here is similar to that which the Court found had occurred in R v J.P., 2020 SKCA 52, 62 CR (7th) 328, where a sentencing judge had acknowledged the existence of Gladue factors but had given them no effect in sentencing. Speaking for this Court in that case, L......
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