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34998

Gusman Alexandre v. Her Majesty the Queen

(Quebec) (Criminal) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2013-01-03 Close file on Leave
2012-12-21 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2012-12-21 Judgment on leave sent to the parties
2012-12-20 Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Numbers 500-10-004677-108 and 500-10-004678-106, 2012 QCCA 1355, dated July 12, 2012, is dismissed without costs.
Dismissed, without costs
2012-11-19 All materials on application for leave submitted to the Judges, LeB Ka Wa
2012-10-26 Respondent's response on the application for leave to appeal, Completed on: 2012-10-26 Her Majesty the Queen
2012-10-03 Letter acknowledging receipt of a complete application for leave to appeal
2012-09-28 Application for leave to appeal, Application on the sentence, Completed on: 2012-10-02 Gusman Alexandre

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

Main parties - Appellants
Name Role Status
Alexandre, Gusman Applicant Active

v.

Main parties - Respondents
Name Role Status
Her Majesty the Queen Respondent Active

Counsel

Party: Alexandre, Gusman

Counsel
Name
Karl-Emmanuel Harrison
Contact information
45, Place Charles-Lemoyne
Bureau 97
Longueuil, Quebec
J4K 5G5
Telephone: (514) 298-1998
FAX: (450) 646-4225
Email: karlharrison@videotron.ca

Party: Her Majesty the Queen

Counsel
Names
Daniel Royer
Catherine Dumais
Contact information
Directeur des poursuites criminelles et pénales du Québec
1111, boul. Jacques-Cartier Est, RC-07
Longueuil, Quebec
J4M 2J6
Telephone: (450) 646-4012 Ext: 61159
FAX: (450) 928-7428
Agent
Name
Jean Campeau
Contact information
Directeur des poursuites criminelles et pénales du Québec
17, rue Laurier
Bureau 1.230
Gatineau, Quebec
J8X 4C1
Telephone: (819) 776-8111 Ext: 60416
FAX: (819) 772-3986
Email: jean.campeau@dpcp.gouv.qc.ca

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.

Criminal law — Sentencing — Sentence to be similar to other sentences imposed in similar circumstances — Whether Court of Appeal erred in concluding that court authorized to override principle in Criminal Code that sentence to be similar to other sentences imposed in similar circumstances — Criminal Code, R.S.C. 1985, c. C 46, s. 718.2(b)

In March 2008, there was a shooting at a strip club in Longueuil. The applicant and his accomplice fired shots at a single victim. The applicant fired five shots at the victim, but none of them struck the victim. His accomplice fired three shots, one of which hit the victim in the chest.

The applicant and his accomplice were charged with attempted murder and discharging a firearm with intent. Both men were convicted following separate trials. The judge who presided over the accomplice’s trial sentenced him to 80 months in prison.

Lower court rulings

May 6, 2010
Superior Court of Quebec

505-01-075552-089

Applicant sentenced to 16 years in prison

July 12, 2012
Court of Appeal of Quebec (Montréal)

2012 QCCA 1355, 500-10-004677-108, 500-10-004678-106

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 613‑996‑7933 or at 1‑888‑551‑1185.

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

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 613‑996‑7933 or at 1‑888‑551‑1185.

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

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 613‑996‑7933 or at 1‑888‑551‑1185.

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

Webcasts

Not available.

Date modified: 2025-02-27