R. v. Leslie (C.A.), 2016 BCCA 213
| Judge | Lowry, Garson and Fenlon, JJ.A. |
| Court | Court of Appeal (British Columbia) |
| Case Date | May 20, 2016 |
| Jurisdiction | British Columbia |
| Citations | 2016 BCCA 213;(2016), 387 B.C.A.C. 100 (CA) |
R. v. Leslie (C.A.) (2016), 387 B.C.A.C. 100 (CA);
668 W.A.C. 100
MLB headnote and full text
Temp. Cite: [2016] B.C.A.C. TBEd. MY.024
Regina (respondent) v. Charles Anthony Leslie (appellant)
(CA40526; 2016 BCCA 213)
Indexed As: R. v. Leslie (C.A.)
British Columbia Court of Appeal
Lowry, Garson and Fenlon, JJ.A.
May 20, 2016.
Summary:
The aboriginal accused was convicted of second degree murder and kidnapping. In a judgment reported [2012] B.C.T.C. Uned. 1888, the accused was sentenced to life imprisonment without eligibility for parole for 16 years for second degree murder and 15 years' imprisonment for kidnapping. The accused appealed the 15 year sentence and the 16 year period of parole ineligibility. The accused argued that insufficient consideration was given to the accused's aboriginal heritage, relevant mitigating factors were not considered (e.g., under influence of alcohol or drugs at the time of the offence), an aggravating factor was improperly considered, and both the kidnapping sentence and the period of parole ineligibility fell outside of the appropriate range.
The British Columbia Court of Appeal dismissed the appeal.
Editor's Note: Certain names in the following case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by a publication ban under s. 486.5(1) of the Criminal Code and Maritime Law Book's editorial policy.
Criminal Law - Topic 4970
Appeals - Indictable offences - Powers of Court of Appeal - Receiving fresh evidence - General - See paragraphs 8 to 15.
Criminal Law - Topic 5670
Punishments (sentence) - Imprisonment and parole - Parole - Period of ineligibility - See paragraphs 55 to 65.
Criminal Law - Topic 5834.10
Sentencing - Considerations on imposing sentence - Mental state (incl. effects of alcohol or drugs) - See paragraphs 33 to 41.
Criminal Law - Topic 5846.1
Sentencing - Considerations - Aboriginal offenders - See paragraphs 22 to 32.
Criminal Law - Topic 5904
Sentence - Kidnapping and abduction - See paragraphs 49 to 54.
Practice - Topic 9031
Appeals - Evidence on appeal - Admission of "new evidence" or "fresh evidence" - See paragraphs 8 to 15.
Counsel:
L.D. Myers, Q.C., and K.L. Neurauter, for the appellant;
D.G. Butcher, Q.C., and A.D. Srivastava, for the respondent.
This appeal was heard on February 4, 2016, at Vancouver, B.C., before Lowry, Garson and Fenlon, JJ.A., of the British Columbia Court of Appeal.
On May 20, 2016, Fenlon, J.A., delivered the following judgment for the Court of Appeal.
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R. v. Patel, 2020 BCCA 92
...of such evidence on a dangerous offender application. [104] This Court recognized in R. v. Widdifield, 2018 BCCA 62, citing R. v. Leslie, 2016 BCCA 213, and R. v. Sipos, 2014 SCC 47, that sentence appeals should generally not be decided on the basis of post‑sentence [105] In Sipos, a danger......
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R. v. Baker, 2017 BCSC 2178
...R. v. Bennight, 2010 BCSC 1334; R. v. Bennight 2012 BCCA 461; R. v. Cerra, 2004 BCCA 594; R. v. Johnny, 2016 BCSC 1888; R. v. Leslie, 2016 BCCA 213; R. v. Shropshire, [1995] 4 S..C.R. 227; and R. v. Tankerd, 2017 BCSC.[34] The Crown argues that Mr. Zaporoski has an extensive criminal record......
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R. v. Wheatley (D.), 2016 BCCA 397
...Gladue factors will not always be essential in reasons for sentence: R. v. Sunshine , 2014 BCCA 318 at paras. 24 and 28; R. v. Leslie , 2016 BCCA 213 at paras. 24 and 25. On the other hand, where reasons do not demonstrate that the judge has particularly considered the offender's circumstan......
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R. v. Watson, 2018 BCCA 329
...principle of finality and is inconsistent with the proper scope of appellate review: R. v. Sipos, 2014 SCC 47 at para. 30; R. v. Leslie, 2016 BCCA 213 at para. 13. In light of this general rule, evidence about counselling and other efforts Mr. Watson has made towards rehabilitation since se......
-
R. v. Patel, 2020 BCCA 92
...of such evidence on a dangerous offender application. [104] This Court recognized in R. v. Widdifield, 2018 BCCA 62, citing R. v. Leslie, 2016 BCCA 213, and R. v. Sipos, 2014 SCC 47, that sentence appeals should generally not be decided on the basis of post‑sentence [105] In Sipos, a danger......
-
R. v. Baker, 2017 BCSC 2178
...R. v. Bennight, 2010 BCSC 1334; R. v. Bennight 2012 BCCA 461; R. v. Cerra, 2004 BCCA 594; R. v. Johnny, 2016 BCSC 1888; R. v. Leslie, 2016 BCCA 213; R. v. Shropshire, [1995] 4 S..C.R. 227; and R. v. Tankerd, 2017 BCSC.[34] The Crown argues that Mr. Zaporoski has an extensive criminal record......
-
R. v. Watson, 2018 BCCA 329
...principle of finality and is inconsistent with the proper scope of appellate review: R. v. Sipos, 2014 SCC 47 at para. 30; R. v. Leslie, 2016 BCCA 213 at para. 13. In light of this general rule, evidence about counselling and other efforts Mr. Watson has made towards rehabilitation since se......
-
R. v. Wheatley (D.), 2016 BCCA 397
...Gladue factors will not always be essential in reasons for sentence: R. v. Sunshine , 2014 BCCA 318 at paras. 24 and 28; R. v. Leslie , 2016 BCCA 213 at paras. 24 and 25. On the other hand, where reasons do not demonstrate that the judge has particularly considered the offender's circumstan......