Case information
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34198
Dennis Keegan Cheeseman v. Her Majesty the Queen
(Alberta) (Criminal) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2011-09-13 | Close file on Leave | |
| 2011-08-26 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2011-08-26 | Judgment on leave sent to the parties | |
| 2011-08-25 |
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 0903-0043-A, 2010 ABCA 274, dated September 27, 2010, is dismissed without costs. Dismissed, without costs |
|
| 2011-08-25 |
Decision on motion to extend time to file and /or serve the leave application, See judgement Granted |
|
| 2011-06-27 | All materials on application for leave submitted to the Judges, CJ De Cha | |
| 2011-06-27 | Submission of motion to extend time to file and/ or serve the leave application, CJ De Cha | |
| 2011-05-30 | Order on motion to extend time | |
| 2011-05-30 |
Decision on motion to extend time, Reg, to serve and file the respondent's response to May 13/11 Granted |
|
| 2011-05-30 | Submission of motion to extend time, Reg | |
| 2011-05-17 | Motion to extend time, to serve and file the respondent's response to May 13/11, Completed on: 2011-05-17 | Her Majesty the Queen |
| 2011-05-13 | Book of authorities | Her Majesty the Queen |
| 2011-05-13 | Respondent's response on the application for leave to appeal, Extension of time rec'd May 17/11, Completed on: 2011-05-17 | Her Majesty the Queen |
| 2011-04-13 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2011-04-12 | Motion to extend the time to file and or serve the application for leave to appeal, (included in the application), Completed on: 2011-04-12 | Dennis Keegan Cheeseman |
| 2011-04-12 | Application for leave to appeal, Completed on: 2011-04-12 | Dennis Keegan Cheeseman |
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 |
|---|---|---|
| Cheeseman, Dennis Keegan | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Cheeseman, Dennis Keegan
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 St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327
FAX: (613) 235-3041
Email: cbauman@sgmlaw.com
Party: Her Majesty the Queen
Counsel
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
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.
Appeal — Sentencing — Evidence — Whether Court of Appeal erred in materially altering the facts set out in the Agreed Statement of Facts which formed the basis of the guilty pleas in a manner detrimental to the Applicant
On the morning of March 3, 2005, on a farm near Mayerthorpe, Alberta, James Michael Roszko ambushed and murdered four RCMP Constables and then killed himself. Although not on the farm at the time of the shootings, the applicant pleaded guilty to manslaughter as a party to the murders. Sentencing was based on an Agreed Statement of Facts. At issue is the fitness of the applicant’s sentence. According to the Agreed Statement of Facts, the applicant’s brother in law, Shawn Hennessey, had been “involved” in a marijuana grow operation that was located in a Quonset on Roszko’s farm. At the time of the shooting, the Quonset was under police control and being investigated. Roszko had fled the farm the day before when a bailiff had arrived to seize a vehicle and called police for assistance. Roszko returned to the farm overnight with a plan to burn down the Quonset in order to destroy evidence of the grow operation. The applicant was accused of assisting Roszko in his preparations. When the applicant’s brother in law gave Roszko a rifle and ammunition, the applicant took it upon himself to find a pillow case and gloves. Wearing the gloves, he put the rifle in the pillow case. He then accompanied the other two men, as a passenger in a vehicle driven by his brother in law Shawn Hennessey, while Roszko hid the sought after vehicle from authorities and Hennessey drove Roszko to a road nearby his farm. Hennessey dropped Roszko off so that Roszko could return to the farm on foot and armed. The applicant suggested afterwards to Hennessey that they should warn the police but he did not warn the police.
Lower court rulings
Court of Queen’s Bench of Alberta
Applicant pleads guilty to four counts of manslaughter
Court of Queen’s Bench of Alberta
070845441Q1, 2009 ABQB 60
Applicant sentenced to 12 years imprisonment less 3 years credit for guilty plea and 21.5 months credit for time spent on remand
Court of Appeal of Alberta (Edmonton)
0903-0043-A, 2010 ABCA 274
Appeal from sentenced 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
Not available
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
Not available
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