R. v. Jeffries (J.I.), 2015 ABCA 53

JudgeCôté, J.A.
CourtCourt of Appeal (Alberta)
Case DateJanuary 22, 2015
Citations2015 ABCA 53;(2015), 593 A.R. 366

R. v. Jeffries (J.I.) (2015), 593 A.R. 366; 637 W.A.C. 366 (CA)

MLB headnote and full text

Temp. Cite: [2015] A.R. TBEd. FE.040

Her Majesty the Queen (respondent) v. Jeremy Ian Jeffries (applicant)

(1503-0010-A; 2015 ABCA 53)

Indexed As: R. v. Jeffries (J.I.)

Alberta Court of Appeal

Côté, J.A.

January 22, 2015.

Summary:

The applicant sought an extension of time to appeal from his sentence. The applicant said that the law had changed after he was sentenced and he wanted to argue that the new law would give him heavier credit for pre-trial custody.

The Alberta Court of Appeal, per Côté, J.A., dismissed the application.

Criminal Law - Topic 5813

Sentencing - Sentencing procedure and rights of the accused - Plea bargain or joint submission - Effect of - [See Criminal Law - Topic 6211.1 ].

Criminal Law - Topic 6209

Sentencing - Appeals - Variation of sentence - Application for leave to appeal - Time for - [See Criminal Law - Topic 6211.1 ].

Criminal Law - Topic 6211.1

Sentencing - Appeals - Variation of sentence - Application for leave to appeal (incl. extensions) - Bars - The applicant sought an extension of time to appeal from his sentence - The applicant said that the law had changed after he was sentenced and he wanted to argue that the new law would give him heavier credit for pre-trial custody - The Alberta Court of Appeal, per Côté, J.A., dismissed the application - There were two problems - First, this was a joint submission, and an express part of the joint submission was the amount of credit for pre-trial custody - Alberta courts were reluctant to upset joint submissions - Often the joint submission was the product of some sort of a bargain and rarely was there evidence (or satisfactory evidence) to indicate what was given up, or whether it was a true bargain - In this case, the time elapsed would make that problem bigger - The other problem was that it was two years and eight months too late to appeal - The traditional criteria for extending time were not met - There was no suggestion that the applicant formed a timely intention to appeal his sentence - While there might be a residual or basket power in the court to extend time even if none of the traditional criteria for extending time applied, that would have to be a matter of pretty clear injustice - The court did not see an obvious error by the sentencing judge - Some case law had started coming along well before this motion, suggesting that maybe enhanced credit for pre-trial custody was not dead, or should be more commonly given.

Counsel:

M.J. McGuire, for the respondent;

D.J.M. Kolinsky, for the applicant.

This application was heard on January 22, 2015, before Côté, J.A., of the Alberta Court of Appeal, who delivered the following oral decision on January 22, 2015, and filed written reasons on February 5, 2015.

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3 practice notes
  • R. v. Letiec (S.A.), 2015 ABCA 123
    • Canada
    • Court of Appeal (Alberta)
    • 25 Marzo 2015
    ...31]. R. v. Witso (D.G.) (2014), 356 B.C.A.C. 289; 610 W.A.C. 289 (C.A.), refd to. [para. 49, footnote 31]. R. v. Jeffries (J.I.) (2015), 593 A.R. 366; 637 W.A.C. 366; 2015 ABCA 53, refd to. [para. 51, footnote Sayers v. Clarke Walker, [2002] 3 All E.R. 490 (C.A.), refd to. [para. 57, footno......
  • R. v. Canto (N.), (2015) 607 A.R. 298
    • Canada
    • Court of Appeal (Alberta)
    • 18 Junio 2015
    ...322; 2013 ONCA 147, affd. [2014] 1 S.C.R. 575; 456 N.R. 1; 316 O.A.C. 349; 2014 SCC 26, refd to. [para. 4]. R. v. Jeffries (J.I.) (2015), 593 A.R. 366; 637 W.A.C. 366; 2015 ABCA 53, refd to. [para. R. v. Genao (R.A.), [2015] A.R. Uned. 20; 2015 ABCA 43, refd to. [para. 9]. R. v. Letiec (S.A......
  • R. v. Canto (N.), 2015 ABCA 151
    • Canada
    • Alberta Court of Appeal (Alberta)
    • 4 Mayo 2015
    ...decisions on this issue have been delivered by a justice of the Court of Appeal sitting alone: R v Genao , 2015 ABCA 43; R v Jeffries , 2015 ABCA 53; and R v Letiec , 2015 ABCA 123. [5] In light of the various decisions set out above, I find this is an appropriate application to refer to a ......
3 cases
  • R. v. Canto (N.), (2015) 607 A.R. 298
    • Canada
    • Court of Appeal (Alberta)
    • 18 Junio 2015
    ...322; 2013 ONCA 147, affd. [2014] 1 S.C.R. 575; 456 N.R. 1; 316 O.A.C. 349; 2014 SCC 26, refd to. [para. 4]. R. v. Jeffries (J.I.) (2015), 593 A.R. 366; 637 W.A.C. 366; 2015 ABCA 53, refd to. [para. R. v. Genao (R.A.), [2015] A.R. Uned. 20; 2015 ABCA 43, refd to. [para. 9]. R. v. Letiec (S.A......
  • R. v. Letiec (S.A.), 2015 ABCA 123
    • Canada
    • Court of Appeal (Alberta)
    • 25 Marzo 2015
    ...31]. R. v. Witso (D.G.) (2014), 356 B.C.A.C. 289; 610 W.A.C. 289 (C.A.), refd to. [para. 49, footnote 31]. R. v. Jeffries (J.I.) (2015), 593 A.R. 366; 637 W.A.C. 366; 2015 ABCA 53, refd to. [para. 51, footnote Sayers v. Clarke Walker, [2002] 3 All E.R. 490 (C.A.), refd to. [para. 57, footno......
  • R. v. Canto (N.), 2015 ABCA 151
    • Canada
    • Alberta Court of Appeal (Alberta)
    • 4 Mayo 2015
    ...decisions on this issue have been delivered by a justice of the Court of Appeal sitting alone: R v Genao , 2015 ABCA 43; R v Jeffries , 2015 ABCA 53; and R v Letiec , 2015 ABCA 123. [5] In light of the various decisions set out above, I find this is an appropriate application to refer to a ......

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