R v Alcantara, 2017 ABCA 56

JudgeWatson,Bielby,Fraser
Subject MatterCRIMINAL LAW
Citation2017 ABCA 56
CourtCourt of Appeal (Alberta)
Date14 February 2017
Docket Number1203-0242-A,1603-0048-A,1603-0052-A,1603-0047-A,1203-0243-A,1203-0236-A
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10 practice notes
  • R v Loiacono,
    • Canada
    • Provincial Court of Alberta (Canada)
    • March 30, 2022
    ...R v Overacker, 2005 ABCA 150 [“Overacker”]; R v Neary, 2017 SKCA 29 [“Neary”]; R v Alcantara, 2017 ABCA 56 [“Alantara”]; R v Yakimishyn, 2009 ABQB 162 [“Yakimishyn”]; R v Wainwright, 2008 ABCA 6 [“Wainwright”]; R v Felix,......
  • R v SJB, 2018 MBCA 62
    • Canada
    • Court of Appeal (Manitoba)
    • May 22, 2018
    ...a mitigating or aggravating factor is neutral to the determination of sentence. As the Alberta Court of Appeal explained in R v Alcantara, 2017 ABCA 56 (at para Reference to what an offender was not proven to do — the doing of which might aggravate the offence — is not a mitigating factor. ......
  • R v Oka,
    • Canada
    • Provincial Court of Alberta (Canada)
    • April 12, 2021
    ...should not be granted reflexively” and that consideration for such credit is “discretionary and always has been” citing R v Alcantara, 2017 ABCA 56 at paragraph 52. (see also R v Hilderman, 2005 ABCA 249, where the courts stated there is no “automatic mathematical reduction” (para 51)) [86]......
  • R v Souvie, 2018 ABCA 148
    • Canada
    • Court of Appeal (Alberta)
    • April 18, 2018
    ...forest as well as the trees”: compare R v May, 2012 ABCA 213, 533 AR 182; R v Brodt, 2016 ABCA 373, 46 Alta LR (6th) 213; R v Alcantara, 2017 ABCA 56 at paras 37 to 42, 353 CCC (3d) 254. [52] The sentencing judge also mentioned that she considered the Gladue factors, and, indeed (as noted a......
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10 cases
  • R v Loiacono,
    • Canada
    • Provincial Court of Alberta (Canada)
    • March 30, 2022
    ...R v Overacker, 2005 ABCA 150 [“Overacker”]; R v Neary, 2017 SKCA 29 [“Neary”]; R v Alcantara, 2017 ABCA 56 [“Alantara”]; R v Yakimishyn, 2009 ABQB 162 [“Yakimishyn”]; R v Wainwright, 2008 ABCA 6 [“Wainwright”]; R v Felix,......
  • R v SJB, 2018 MBCA 62
    • Canada
    • Court of Appeal (Manitoba)
    • May 22, 2018
    ...a mitigating or aggravating factor is neutral to the determination of sentence. As the Alberta Court of Appeal explained in R v Alcantara, 2017 ABCA 56 (at para Reference to what an offender was not proven to do — the doing of which might aggravate the offence — is not a mitigating factor. ......
  • R v Oka,
    • Canada
    • Provincial Court of Alberta (Canada)
    • April 12, 2021
    ...should not be granted reflexively” and that consideration for such credit is “discretionary and always has been” citing R v Alcantara, 2017 ABCA 56 at paragraph 52. (see also R v Hilderman, 2005 ABCA 249, where the courts stated there is no “automatic mathematical reduction” (para 51)) [86]......
  • R v Souvie, 2018 ABCA 148
    • Canada
    • Court of Appeal (Alberta)
    • April 18, 2018
    ...forest as well as the trees”: compare R v May, 2012 ABCA 213, 533 AR 182; R v Brodt, 2016 ABCA 373, 46 Alta LR (6th) 213; R v Alcantara, 2017 ABCA 56 at paras 37 to 42, 353 CCC (3d) 254. [52] The sentencing judge also mentioned that she considered the Gladue factors, and, indeed (as noted a......
  • Request a trial to view additional results

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