R v Pelly,
Jurisdiction | Saskatchewan |
Judge | Ottenbreit, Barrington-Foote and Tholl JJ.A. |
Neutral Citation | 2021 SKCA 50 |
Date | 01 April 2021 |
Docket Number | CACR3130 |
Court | Court of Appeal (Saskatchewan) |
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6 practice notes
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R v Napope,
...proceedings are limited to questions of law. As such, the operative standard of review is correctness ( Boutilier at para 81; R v Pelly, 2021 SKCA 50 at paras 19-20, 403 CCC (3d) 127 [ 17 Part XXIV proceedings have two stages: the designation stage and the penalty stage. Section 753(1) list......
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R v Potter,
...from conventional sentencing, and the paramount consideration must be public protection. This Court made much the same point in R v Pelly, 2021 SKCA 50, 403 CCC (3d) 127: [28] … a judge cannot lose sight of the fact that Part XXIV [Dangerous Offenders and Long-term Offenders] proceed......
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R v Bird,
...As such, the operative standard of review is correctness ( Boutilier at para 81; R v Napope, 2023 SKCA 1 at para 16 [ Napope]; R v Pelly, 2021 SKCA 50 at paras 19-20, 403 CCC (3d) 127). Absent an error of law as described in R v J.M.H., 2011 SCC 45 at paras 24-32, [2011] 3 SCR 197 [ J.M.H.]......
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R. v. Straub,
...is an enhanced sentencing objective for those who have been designated as dangerous offenders: Boutilier, at paras. 55-56; R. v. Pelly, 2021 SKCA 50, 403 C.C.C. (3d) 127, at para. [60] Section 753(4.1) guides the discretion of the sentencing judge in dangerous offender proceedings to determ......
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6 cases
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R v Napope,
...proceedings are limited to questions of law. As such, the operative standard of review is correctness ( Boutilier at para 81; R v Pelly, 2021 SKCA 50 at paras 19-20, 403 CCC (3d) 127 [ 17 Part XXIV proceedings have two stages: the designation stage and the penalty stage. Section 753(1) list......
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R v Potter,
...from conventional sentencing, and the paramount consideration must be public protection. This Court made much the same point in R v Pelly, 2021 SKCA 50, 403 CCC (3d) 127: [28] … a judge cannot lose sight of the fact that Part XXIV [Dangerous Offenders and Long-term Offenders] proceed......
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R v Bird,
...As such, the operative standard of review is correctness ( Boutilier at para 81; R v Napope, 2023 SKCA 1 at para 16 [ Napope]; R v Pelly, 2021 SKCA 50 at paras 19-20, 403 CCC (3d) 127). Absent an error of law as described in R v J.M.H., 2011 SCC 45 at paras 24-32, [2011] 3 SCR 197 [ J.M.H.]......
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R. v. Straub,
...is an enhanced sentencing objective for those who have been designated as dangerous offenders: Boutilier, at paras. 55-56; R. v. Pelly, 2021 SKCA 50, 403 C.C.C. (3d) 127, at para. [60] Section 753(4.1) guides the discretion of the sentencing judge in dangerous offender proceedings to determ......
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