R v Ledesma

JurisdictionAlberta
CourtCourt of Queen's Bench of Alberta (Canada)
JudgeGates
Citation2019 ABQB 204
Docket Number120236339Q1
Date22 March 2019

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8 practice notes
  • R v Boucher
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • September 25, 2025
    ...of the jury. 158 The parole eligibility is unique to murder but is nevertheless part of the sentence imposed: R v Ledesma, 2019 ABQB 204 at para 34 [ Ledesma 2019]. The factors I must regard in deciding whether to elevate parole ineligibility over the minimum ten years align with sentencing......
  • R v Kemp
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • February 18, 2025
    ...to Soosay and Gagnon – which I have reviewed at length above – counsel for the Offender put forward the following cases: 79 R v Ledesma, 2019 ABQB 204 – Parole ineligibility period of 12 years imposed. The accused and co-accused attended a pub where they hoped to steal drugs and money. They......
  • R v Sinclair, 2019 ABQB 652
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • August 19, 2019
    ...left the premises and walked several kilometers to his workplace where he was eventually apprehended. Applicable law [11] In R v Ledesma 2019 ABQB 204, at paras 24-34, Gates J summarized the law applying to parole ineligibility as Sentencing Principles Relating to Second Degree Murder [24] ......
  • R v Soosay, 2021 ABQB 507
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • June 30, 2021
    ...That is not an aggravating factor. In the circumstances, this simply points to the absence of a mitigating factor. See R v Ledesma, 2019 ABQB 204, Gates J at para 74; R v Wowk, 2020 ABCA 119 at paras 23 and [97]        As regards this factor, I accept Defe......
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11 cases
  • R v. Boucher
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • September 25, 2025
    ...of the jury. [158] The parole eligibility is unique to murder but is nevertheless part of the sentence imposed: R v Ledesma, 2019 ABQB 204 at para 34 [Ledesma 2019]. The factors I must regard in deciding whether to elevate parole ineligibility over the minimum ten years align with sentencin......
  • R v Dodgson and Holloway
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • February 24, 2023
    ...a period of parole eligibility of greater than 10 but no more than 25 years. [78] As recently confirmed by this Court in R v Ledesma, 2019 ABQB 204 (“Ledesma 2019”), the fixing of the period of parole ineligibility is part of the punishment for second-degree murder and, accordingly, forms a......
  • R v. Kemp
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • February 18, 2025
    ...Soosay and Gagnon – which I have reviewed at length above – counsel for the Offender put forward the following cases: [79] R v Ledesma, 2019 ABQB 204 – Parole ineligibility period of 12 years imposed. The accused and co-accused attended a pub where they hoped to steal drugs and money. They ......
  • R v Sinclair
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • August 19, 2019
    ...left the premises and walked several kilometers to his workplace where he was eventually apprehended. Applicable law [11] In R v Ledesma 2019 ABQB 204, at paras 24-34, Gates J summarized the law applying to parole ineligibility as Sentencing Principles Relating to Second Degree Murder [24] ......
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