Case information
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34241
Shawn William Hennessey 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 0903-0044-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 | |
| 2011-06-09 | Applicant's reply to respondent's argument, Completed on: 2011-06-09 | Shawn William Hennessey |
| 2011-05-30 | Book of authorities | Her Majesty the Queen |
| 2011-05-30 | Respondent's response on the application for leave to appeal, Completed on: 2011-06-01 | Her Majesty the Queen |
| 2011-05-09 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2011-05-04 | Motion to extend the time to file and or serve the application for leave to appeal, Included in the application, Completed on: 2011-05-09 | Shawn William Hennessey |
| 2011-05-04 | Application for leave to appeal, Completed on: 2011-05-09 | Shawn William Hennessey |
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 |
|---|---|---|
| Hennessey, Shawn William | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Hennessey, Shawn William
Counsel
Suite 1500
633 - 6 Avenue S.W.
Calgary, Alberta
T2P 2Y5
Telephone: (403) 265-6500
FAX: (403) 263-1111
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 and reinterpreting the facts set out in the Agreed Statement of Facts put before the trial Judge at sentencing
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 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 fled the farm the day before when a bailiff who had arrived to seize a vehicle called police for assistance. Roszko had 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. The applicant gave Roszko a rifle and ammunition. The Court of Appeal held that, because he was involved in the grow operation, the applicant was motivated to assist Roszko to burn down the grow operation in order to destroy evidence. The Court of Appeal inferred from the Agreed Statement of Facts that, in the hours preceding the shoot out, the applicant helped Roszko commit the crimes of vehicle theft, arson and obstruction of justice by accompanying Roszko in his own vehicle while Roszko hid the sought-after vehicle from authorities, driving Roszko to a road nearby his farm, dropping Roszko off so he could return to the farm armed and on foot, and failing to 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 15 years imprisonment less 3 years credit for guilty plea and 19.5 months credit for time spent on remand
Court of Appeal of Alberta (Edmonton)
0903-0044-A, 2010 ABCA 274
Appeal from 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
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