R. v. Learning, 2019 BCCA 332

JurisdictionBritish Columbia
JudgeThe Honourable Mr. Justice Frankel,The Honourable Mr. Justice Fitch,The Honourable Mr. Justice Hunter
Citation2019 BCCA 332
Date19 September 2019
CourtCourt of Appeal (British Columbia)
Docket NumberCA44636
    • This document is available in original version only for vLex customers

      View this document and try vLex for 7 days
    • TRY VLEX
5 practice notes
  • R. v. Robertson, 2020 BCCA 65
    • Canada
    • Court of Appeal (British Columbia)
    • February 26, 2020
    ...the principles of denunciation, deterrence, and protection of the public are given pre-eminent consideration: see R. v. Learning, 2019 BCCA 332 at para. [61] In Nur, Chief Justice McLachlin observed that mandatory minimum penalties are a “blunt instrument” that can deprive courts of the abi......
  • R. v. Tamoikin, 2020 NSCA 43
    • Canada
    • Court of Appeal of Nova Scotia (Canada)
    • June 4, 2020
    ...of offences. It has been concisely adopted and explained in R. v. Johnson, 2012 ONCA 339 at para. 19 (applied in R. v. Learning, 2019 BCCA 332; R. v. Park, 2016 MBCA 107; see also R. v. Markie, 2009 NSCA 54. Importantly, it is only the unexpired portion of the unrelated sentence that should......
  • R. v. Burke,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • June 6, 2022
    ...the effect of the totality principle is tempered by the continuing criminality of the offender: Johnson, at para. 31. In R. v. Learning, 2019 BCCA 332, at paras. 25, 29-31, the British Columbia Court of Appeal held that sentencing judges should consider previous or current sentences when as......
  • R. v. Peric,
    • Canada
    • Ontario Court of Justice General Division (Canada)
    • August 4, 2021
    ... and that in its totality, the sentence is not unduly long or harsh, see R. v. M.(C.A.), [1996] 1 S.C.R. 500, R. v. Learning, [2019] BCCA 332, and in s. 718.2(c) of the Criminal Code.  Given that, in combination, these are the first penitentiary sentences that Mr. Peric has receiv......
  • Request a trial to view additional results
5 cases
  • R. v. Robertson, 2020 BCCA 65
    • Canada
    • Court of Appeal (British Columbia)
    • February 26, 2020
    ...the principles of denunciation, deterrence, and protection of the public are given pre-eminent consideration: see R. v. Learning, 2019 BCCA 332 at para. [61] In Nur, Chief Justice McLachlin observed that mandatory minimum penalties are a “blunt instrument” that can deprive courts of the abi......
  • R. v. Tamoikin, 2020 NSCA 43
    • Canada
    • Court of Appeal of Nova Scotia (Canada)
    • June 4, 2020
    ...of offences. It has been concisely adopted and explained in R. v. Johnson, 2012 ONCA 339 at para. 19 (applied in R. v. Learning, 2019 BCCA 332; R. v. Park, 2016 MBCA 107; see also R. v. Markie, 2009 NSCA 54. Importantly, it is only the unexpired portion of the unrelated sentence that should......
  • R. v. Burke,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • June 6, 2022
    ...the effect of the totality principle is tempered by the continuing criminality of the offender: Johnson, at para. 31. In R. v. Learning, 2019 BCCA 332, at paras. 25, 29-31, the British Columbia Court of Appeal held that sentencing judges should consider previous or current sentences when as......
  • R. v. Peric,
    • Canada
    • Ontario Court of Justice General Division (Canada)
    • August 4, 2021
    ... and that in its totality, the sentence is not unduly long or harsh, see R. v. M.(C.A.), [1996] 1 S.C.R. 500, R. v. Learning, [2019] BCCA 332, and in s. 718.2(c) of the Criminal Code.  Given that, in combination, these are the first penitentiary sentences that Mr. Peric has receiv......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT