R. v. Courtorielle (S.D.), (2013) 553 A.R. 240

• Judge: Veldhuis, J.A.
• Court: Court of Appeal (Alberta)
• Case Date: June 12, 2013
• Citations: (2013), 553 A.R. 240;2013 ABCA 215

R. v. Courtorielle (S.D.) (2013), 553 A.R. 240; 583 W.A.C. 240 (CA)

MLB headnote and full text

Temp. Cite: [2013] A.R. TBEd. JN.066

Her Majesty the Queen (respondent) v. Shawn Dustin Courtorielle (applicant)

(1303-0071-A; 2013 ABCA 215)

Indexed As: R. v. Courtorielle (S.D.)

Alberta Court of Appeal

Veldhuis, J.A.

June 13, 2013.

Summary:

The accused pled guilty to break and enter and commit assault, break and enter with intent to commit an indictable offence, break and enter and commit theft, assault with a weapon, and resisting or wilfully obstructing a police officer in the execution of his duty. He was sentenced to 36 months' imprisonment, less 20 months' pretrial credit, to be followed by two years of probation. He applied for judicial interim release pending his sentence appeal.

The Alberta Court of Appeal dismissed the application.

Criminal Law - Topic 3300

Compelling appearance, detention and release - Interim release or detention of accused pending trial or appeal - General (incl. considerations) - [See Criminal Law - Topic 3310.1 ].

Criminal Law - Topic 3304

Compelling appearance, detention and release - Interim release or detention of accused pending trial or appeal - Detention necessary in the public interest - [See Criminal Law - Topic 3310.1 ].

Criminal Law - Topic 3310.1

Compelling appearance, detention and release - Interim release or detention of accused pending trial or appeal - Release pending sentence appeal - Courtorielle broke into various suites in an apartment building in an attempt to find his pregnant girlfriend who had recently broken up with him - When he found her, he punched and kicked her - He stole money and a laptop - He used the laptop to smash a truck window and the face of a man who had arrived to help the girlfriend - He was combative with police and had to be subdued with a taser - He pled guilty to break and enter and commit assault, break and enter with intent to commit an indictable offence, break and enter and commit theft, assault with a weapon, and resisting or wilfully obstructing a police officer in the execution of his duty - He was sentenced to 36 months' imprisonment, less 20 months' pretrial credit, to be followed by two years of probation - He appealed the sentence on the grounds that the sentencing judge failed to (1) give sufficient weight to mitigating factors, including expert evidence regarding his mental state, (2) give sufficient weight to the Gladue factors, and (3) consider enhanced credit for the significant period of time he spent in pretrial custody - He applied for judicial interim release pending his sentence appeal - The Alberta Court of Appeal dismissed the application - Courtorielle did not demonstrate that the appeal had sufficient merit - Over one-third of the sentencing judge's reasons dealt with her consideration of the medical, psychological and Gladue factors - She also considered the request for enhanced credit and found that there was a lack of detail and evidence relevant to the request - Courtorielle had an extensive criminal record that demonstrated problems with compliance and a disregard for the safety of others - The circumstances of the attack on his girlfriend suggested that granting bail would not be in the public interest.

Cases Noticed:

R. v. McNaughton (S.D.) (2010), 487 A.R. 130; 495 W.A.C. 130; 2010 ABCA 97, refd to. [para. 7].

R. v. Sagoo (I.S.) (2009), 464 A.R. 258; 467 W.A.C. 258; 2009 ABCA 357, refd to. [para. 7].

R. v. Fox (J.L.) (2000), 266 A.R. 396; 228 W.A.C. 396; 2000 ABCA 257, refd to. [para. 7].

R. v. Ewanchuk (S.B.) (2000), 271 A.R. 118; 234 W.A.C. 118; 2000 ABCA 303, refd to. [para. 9].

R. v. Cooper (A.R.) (1999), 237 A.R. 355; 197 W.A.C. 355; 1999 ABCA 249, refd to. [para. 9].

R. v. Colville (D.) (2004), 357 A.R. 34; 334 W.A.C. 34; 2004 ABCA 342, refd to. [para. 9].

Counsel:

K.A. Joyce, for the respondent;

A. Attia, for the applicant.

This application was heard on June 12, 2013, before Veldhuis, J.A., of the Alberta Court of Appeal, who filed the following reasons for decision on June 13, 2013, in Edmonton, Alberta.