Case information
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34082
Her Majesty the Queen v. D.D.T.
(Alberta) (Criminal) (By Leave)
(Publication ban in case) (Publication ban on party) (Certain information not available to the public)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2011-05-31 | Close file on Leave | |
| 2011-05-20 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2011-05-20 | Judgment on leave sent to the parties | |
| 2011-05-19 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 0903-0217-A, 2010 ABCA 365, dated December 2, 2010, is dismissed without costs. Dismissed, without costs |
|
| 2011-05-19 |
Decision on motion to extend time to file and /or serve the leave application Granted |
|
| 2011-04-26 | All materials on application for leave submitted to the Judges, Bi Abe Ro | |
| 2011-04-26 | Submission of motion to extend time to file and/ or serve the leave application, Bi Abe Ro | |
| 2011-03-14 | Applicant's reply to respondent's argument, Completed on: 2011-03-14 | Her Majesty the Queen |
| 2011-03-02 | Respondent's response on the application for leave to appeal, Completed on: 2011-03-02 | D.D.T. |
| 2011-02-09 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2011-02-03 | Book of authorities | Her Majesty the Queen |
| 2011-02-03 | Motion to extend the time to file and or serve the application for leave to appeal, included in the application, Completed on: 2011-02-03 | Her Majesty the Queen |
| 2011-02-03 | Application for leave to appeal, Completed on: 2011-02-03 | Her Majesty the Queen |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| D.D.T. | Respondent | Active |
Counsel
Party: Her Majesty the Queen
Counsel
Maureen J. McGuire
Appeals and Prosecution Policy Branch
1620, 639 - 5 Avenue S.W.
Calgary, Alberta
T2P 0M9
Telephone: (780) 422-5402
FAX: (780) 422-1106
Email: sue.hughson@gov.ab.ca
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: D.D.T.
Counsel
9636 - 102A Avenue
Suite 200
Edmonton, Alberta
T5H 0G5
Telephone: (780) 432-0919
FAX: (780) 439-6562
Email: proyal@royalteskey.com
Agent
500- 30 Metcalfe Street
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327
FAX: (613) 235-3041
Email: kdoctor@sgmlaw.com
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
(PUBLICATION BAN IN CASE) (PUBLICATION BAN ON PARTY) (COURT FILE CONTAINS INFORMATION THAT IS NOT AVAILABLE FOR INSPECTION BY THE PUBLIC)
Criminal Law — Youth — Sentencing — Whether, in the determination of whether a youth sentence is of sufficient length to hold a young person accountable for his or her offending behaviour, pursuant to s. 72 of the Youth Criminal Justice Act, S.C. 2002, c. 1 is the sentencing judge permitted to expressly or implicitly credit a lengthy period of presentence custody, thereby judicially extending the legislated maximum length of sentence under the YCJA
The Crown seeks leave to appeal from a decision upholding the sentencing of D.D.T. as a young offender under the provisions of the Youth Criminal Justice Act, S.C. 2002, c. 1, rather than as an adult. D.D.T. was convicted for the second degree murder and aggravated sexual assault of a 13 year old girl after a trial in adult court.
Lower court rulings
Court of Queen’s Bench of Alberta
2008 ABQB 533
Convictions for second degree murder and aggravated sexual assault
Court of Queen’s Bench of Alberta
2009 ABQB 362
Application to have D.D.T., a young person, sentenced as an adult dismissed
Court of Queen’s Bench of Alberta
050653443Q1, 2009 ABQB 384
Sentence of 4 years imprisonment and 3 years supervision for second degree murder;Concurrent sentence of 2 years imprisonment and one year of supervision for aggravated sexual assault; Sentences to commence on date of sentencing; No credit for 4 years, 2
Court of Appeal of Alberta (Edmonton)
0903-0217-A, 2010 ABCA 365
Crown's appeal against sentence dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available