R. v. Doerksen (K.D.), (1995) 172 A.R. 226 (QB)

• Judge: McDonald, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: June 28, 1995
• Citations: (1995), 172 A.R. 226 (QB)

R. v. Doerksen (K.D.) (1995), 172 A.R. 226 (QB)

MLB headnote and full text

Her Majesty The Queen v. Kenneth Darryl Doerksen

(Action No. 9403-3435-C5)

Indexed As: R. v. Doerksen (K.D.)

Alberta Court of Queen's Bench

Judicial District of Edmonton

McDonald, J.

June 28, 1995.

Summary:

The accused was convicted of aggravated assault and assault with a weapon.

The Alberta Court of Queen's Bench sen­tenced the accused to 4.5 years' imprison­ment for aggravated assault and 18 months (concurrent) for assault with a weapon.

Criminal Law - Topic 5670

Punishments (sentence) - Imprisonment and parole - Parole - Period of ineligibil­ity - Section 741.2 allowed the sentencing judge to order that the accused serve half of his sentence before being eligible for parole - The Alberta Court of Queen's Bench stated that s. 741.2 enabled the court to "prevent what otherwise might be decided by the Parole Board" - The court stated that the application of the section did not require exceptional or unusual circumstances - The court stated that s. 741.2 was a "freestanding provision which should be interpreted in light of its pur­pose" and not narrowly construed - See paragraphs 9 to 34.

Criminal Law - Topic 5883

Sentence - Assault with a weapon or assault causing bodily harm - The accused was convicted of aggravated assault and assault with a weapon - The accused slashed the victim's face with a knife and then stabbed him in the back twice - The victim suffered severe injuries - The accused had one previous conviction for aggravated assault and two for assault - The Alberta Court of Queen's Bench sen­tenced the accused to 4.5 years' imprison­ment for aggravated assault and 18 months (concurrent) for assault with a weapon - The court considered pretrial custody - The court ordered that the accused serve half of his sentence before being eligible for parole - See paragraphs 1 to 8.

Criminal Law - Topic 5938

Sentence - Aggravated assault - [See Criminal Law - Topic 5883 ].

Cases Noticed:

R. v. Childs (1991), 120 A.R. 58; 8 W.A.C. 58 (C.A.), refd to. [para. 7].

R. v. Dankyi (E.) (1994), 59 Q.A.C. 118 (C.A.), not folld. [para. 10].

R. v. Goulet (1995), 79 O.A.C. 233, not folld. [para. 11].

R. v. Gourgon (No. 2) (1981), 21 C.R.(3d) 384 (B.C.C.A.), refd to. [para. 19].

R. v. Mellstrom (1975), 22 C.C.C.(2d) 472 (C.A.), refd to. [para. 26].

R. v. Brown (A.R.R.) (1993), 127 A.R. 89; 20 W.A.C. 89; 73 C.C.C.(3d) 242 (C.A.), refd to. [para. 26].

R. v. Crazybull (C.D.) (1993), 141 A.R. 69; 46 W.A.C. 69 (C.A.), refd to. [para. 26].

R. v. Hummel (D.J.) (1994), 149 A.R. 166; 63 W.A.C. 166 (C.A.), refd to. [para. 26].

Schulte (D.A.) Inc. v. Gangi (1946), 328 U.S. 108, refd to. [para. 31].

Statutes Noticed:

Corrections and Conditional Release (1992), c. 20, sect. 100, sect. 101, sect. 102 [para. 14]; sect. 121(a), sect. 127(4) [para. 16].

Criminal Code, R.S.C. 1985, c. C-46, sect. 741.2 [para. 9].

Authors and Works Noticed:

Ashworth, Andrew, Sentencing and Crimi­nal Justice, pp. 60 [para. 28]; 64 [para. 13].

Canadian Sentencing Commission Report (Archambault Commission) on Sentenc­ing Reform: A Canadian Approach (1987), p. 135 [para. 26].

Côté, Pierre-André, Interpretation of Leg­islation in Canada (2nd Ed. 1992), p. 248 [para. 31].

Senior Dictionary: Dictionary of Canadian English [para. 24].

Counsel:

D.J. Hollinshead, for the crown;

D. Bottos, for the defence.

This case was heard by McDonald, J., of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered the following judgment on June 28, 1995.