R v McFarlane, 2018 MBCA 48

JurisdictionManitoba
JudgeMadam Justice Diana M. Cameron,Mr. Justice William J. Burnett,Mr. Justice Christopher J. Mainella
Citation2018 MBCA 48
Date04 May 2018
CourtCourt of Appeal (Manitoba)
Docket NumberAR18-30-09000
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17 practice notes
  • CLEARING YOUR HISTORY: A REVIEW OF NON-CONSENSUAL DISTRIBUTION OF INTIMATE IMAGES IN CANADA AND FUTURE RESPONSES.
    • Canada
    • University of British Columbia Law Review Vol. 54 No. 3, September 2021
    • September 1, 2021
    ...558, [2017] OJNo4233. (59) See Criminal Code, supra note 1, s 718-718.2 (60) See e.g. R v PSD, 2016 BCPC 400 at para 10; R v McFarlane, 2018 MBCA 48 at para 22; R v Greene, 2018 CarswellNfld 101 at para 36, 146 WCB (2d) 538; R v AC, 2017 ONCJ 317 at para 77; R v JS, 2018 ONCJ 82 at para 20;......
  • R. v. Coban,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • October 14, 2022
    ...2022 ONSC 916 [Bahamonde] and R. v. J.R., 2021 ONCJ 14 [J.R.], and the pre-Friesen decisions of R. v. Ly, 2019 ONCJ 120; R. v. McFarlane, 2018 MBCA 48; R. v. Brown, 2018 BCPC 260; R. v. McLean, 2016 SKCA 93; and R. v. Reynard, 2015 BCCA 455. The defence suggests that in several of these cas......
  • R v JEC,
    • Canada
    • Provincial Court of Alberta (Canada)
    • February 10, 2021
    ...the focus on sentencing for this offence is more on the offence committed than on the circumstances of the accused (see R v McFarlane, 2018 MBCA 48 at para 24; and Johnson at para [5] The primacy of deterrence and denunciation as sentencing objectives is also noted in many other cases[2]. T......
  • R v HPM,
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • August 26, 2022
    ...is no established starting point in Alberta. However, I am guided by the Court of Appeal of Manitoba’s decision, R v McFarlane, 2018 MBCA 48, which establishes a two-year imprisonment starting point for extortion of sex, where the victim is an adult (applied in R v McPhee, 2020 ABPC ......
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16 cases
  • R. v. Coban,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • October 14, 2022
    ...2022 ONSC 916 [Bahamonde] and R. v. J.R., 2021 ONCJ 14 [J.R.], and the pre-Friesen decisions of R. v. Ly, 2019 ONCJ 120; R. v. McFarlane, 2018 MBCA 48; R. v. Brown, 2018 BCPC 260; R. v. McLean, 2016 SKCA 93; and R. v. Reynard, 2015 BCCA 455. The defence suggests that in several of these cas......
  • R v JEC,
    • Canada
    • Provincial Court of Alberta (Canada)
    • February 10, 2021
    ...the focus on sentencing for this offence is more on the offence committed than on the circumstances of the accused (see R v McFarlane, 2018 MBCA 48 at para 24; and Johnson at para [5] The primacy of deterrence and denunciation as sentencing objectives is also noted in many other cases[2]. T......
  • R v HPM,
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • August 26, 2022
    ...is no established starting point in Alberta. However, I am guided by the Court of Appeal of Manitoba’s decision, R v McFarlane, 2018 MBCA 48, which establishes a two-year imprisonment starting point for extortion of sex, where the victim is an adult (applied in R v McPhee, 2020 ABPC ......
  • R v SCC,
    • Canada
    • Court of Appeal (Manitoba)
    • January 7, 2021
    ...the focus on sentencing for this offence is more on the offence committed than on the circumstances of the accused (see R v McFarlane, 2018 MBCA 48 at para 24; and Johnson at para 13). [35] The judge appropriately recognised the need to prioritise deterrence and denunciation. However, in my......
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1 books & journal articles

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