Q.J.K. v. Her Majesty the Queen

(Alberta) (Criminal) (By Leave)

(Publication ban on party)


Criminal law - Sentencing.


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Criminal law – Sentencing – Whether the Honourable Court of Appeal erred in not giving deference to the Learned Sentencing Judge as he did give proper weight to the gravity of the offense and properly considered the principles of denunciation and deterrence and imposed a fit sentence.

The applicant entered a guilty plea to a charge of sexually assaulting his wife. The Crown requested a sentence of two years less a day. Defence counsel requested a sentence of one to two years. The applicant was sentenced to six months imprisonment. The appeal court allowed the appeal, substituting a 20 month term of imprisonment.