R. v. Lafleche, 1995 ABCA 288

In the Court of Appeal of Alberta Citation: R. v. Lafleche, 1995 ABCA 288 Date: 19950719 Docket: 9503-0238-A0 Registry: Edmonton Between: Her Majesty the Queen Appellant - and - Audrey Marie Lafleche Respondent The Court: The Honourable Chief Justice Fraser The Honourable Madam Justice Rawlins The Honourable Mr. Justice Wilson Memorandum of Judgment Delivered from the Bench COUNSEL: B.D. Rosborough, for the Appellant D.M. Tkachuk, for the Respondent MEMORANDUM OF JUDGMENT DELIVERED FROM THE BENCH FRASER C.J.A. (for the Court): [ 1 ] We have considered this matter and the Court is divided on this case.

The majority, and that is myself and Justice Wilson, are of the view that the Crown appeal should be dismissed. We appreciate that there were aggravating circumstances here but nevertheless we are satisfied that the trial judge properly took them into account and, given the record of this individual, and given the other circumstances, we believe that the sentence which was imposed by him, having regard to the length of the pre-trial custody, was in the range. Therefore, we dismiss the appeal. [ 2 ] Madam Justice Rawlins will deliver her decision.

RAWLINS J.: [ 3 ] In my view, the sentence that was imposed was not within the range and was inadequate given the lengthy period of confinement, the use of the weapon to maintain that confinement, and the related recent conviction for an identical offence. Having taken these factors into account, and also giving credit for the pre-trial, I would have imposed a sentence of two years less a day in lieu of the 10 months.