Case information
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41413
Farhad Maslehati v. His Majesty the King
(British Columbia) (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) |
|---|---|---|
| 2024-12-30 | Close file on Leave | |
| 2024-12-19 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-12-19 | Judgment on leave sent to the parties | |
| 2024-12-19 |
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 for British Columbia (Vancouver), Number CA49636, 2024 BCCA 207, dated May 31, 2024, is dismissed. Dismissed |
|
| 2024-11-18 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-10-02 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2024-10-02) | His Majesty the King |
| 2024-10-02 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2024-10-02) | His Majesty the King |
| 2024-10-02 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-10-02, (Printed version filed on 2024-10-02) | His Majesty the King |
| 2024-09-03 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED | |
| 2024-08-30 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2024-08-30) | Farhad Maslehati |
| 2024-08-30 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2024-08-30) | Farhad Maslehati |
| 2024-08-30 | Application for leave to appeal, (Book Form), Completed on: 2024-08-30, (Printed version filed on 2024-08-30) | Farhad Maslehati |
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 |
|---|---|---|
| Maslehati, Farhad | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Maslehati, Farhad
Counsel
Mark Nohra
Vancouver, British Columbia
V6E 2V6
Telephone: (604) 813-7464
FAX: (888) 974-8131
Email: rebecca@mcconchie.ca
Agent
331 Somerset Street West
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: His Majesty the King
Counsel
Criminal Appeals and Special Prosecutions
600 - 865 Hornby Street, 6th Floor
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1135
FAX: (604) 669-1133
Email: susanne.elliott@gov.bc.ca
Agent
2600 – 160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 563-9869
Email: matthew.estabrooks@gowlingwlg.com
Summary
Keywords
Criminal Law — Sentencing — Conditional sentence — Sexual Assault — Considerations —Whether the Court of Appeal’s decision to restrict the availability of conditional sentences for sexual offences involving adults is consistent with Parliament’s intent and the statutory criteria in s. 742.1 of the Criminal Code — Whether the Court of Appeal’s decision is consistent with the common law respecting the operation of sentencing ranges and conditional sentences — Criminal Code, R.S.C. 1985, c. C-46, s. 742.1.
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.
Mr. Maslehati was found guilty after trial of sexual assault. He was sentenced to an 18-month conditional sentence followed by 12 months of probation. The Court of Appeal granted leave to appeal, allowed the appeal and substituted the sentence with a 28-month term of imprisonment.
Lower court rulings
Conditional sentence of 18 months and 12 months probation for one count of sexual assault
Leave to appeal granted
Appeal allowed; sentence of 28 months’ imprisonment substituted
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
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 613‑996‑7933 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
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 613‑996‑7933 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