Kidnapping and Unlawful Confinement (Sentencing Cases): Difference between revisions

From Criminal Law Notebook
m Text replacement - "(R v [A-Z][a-z]+)<br>" to "''$1''<br>"
m Text replacement - "{{SCase2|" to "{{SCaseLong|"
Tags: Mobile edit Mobile web edit
Line 6: Line 6:
{{SCaseHeaderLong}}
{{SCaseHeaderLong}}


{{SCase2|''R v Dillon'', <br> [http://canlii.ca/t/h376h 2017 SKCA 28] (CanLII){{perSKCA|Lane JA}}|SK| CA|  3 years (kidnapping)<br>30 day (breaches x2)| The offender pleaded guilty to kidnapping and breach of conditions x 2. }}
{{SCaseLong|''R v Dillon'', <br> [http://canlii.ca/t/h376h 2017 SKCA 28] (CanLII){{perSKCA|Lane JA}}|SK| CA|  3 years (kidnapping)<br>30 day (breaches x2)| The offender pleaded guilty to kidnapping and breach of conditions x 2. }}


{{SCase2|''R v Paradis'',<br> [http://canlii.ca/t/gvpkh 2016 BCPC 354] (CanLII){{perBCPC|Doulis J}} | BC| PC|6 months (confinement)<br> 6 months (threats)<br> 14 and 45 days (breach) |The offender pleaded guilty to confinement, uttering threats, and two counts of breaches. The offender assaulted his domestic partner by hitting her up to 70 times, choked her, and threatened her if she attempted to leave the trailer they were in. [per Doulis PCJ] }}
{{SCaseLong|''R v Paradis'',<br> [http://canlii.ca/t/gvpkh 2016 BCPC 354] (CanLII){{perBCPC|Doulis J}} | BC| PC|6 months (confinement)<br> 6 months (threats)<br> 14 and 45 days (breach) |The offender pleaded guilty to confinement, uttering threats, and two counts of breaches. The offender assaulted his domestic partner by hitting her up to 70 times, choked her, and threatened her if she attempted to leave the trailer they were in. [per Doulis PCJ] }}


{{SCase2|''R v Ghodsi'',<br> [http://canlii.ca/t/g0ssm 2013 ABCA 337] (CanLII){{perABCA|Berger JA}} |AB|CA| 2.5 years | The offender took his 3 and 8 year old children to Iran for vacation and never returned. He was not charged until 8 years later.}}
{{SCaseLong|''R v Ghodsi'',<br> [http://canlii.ca/t/g0ssm 2013 ABCA 337] (CanLII){{perABCA|Berger JA}} |AB|CA| 2.5 years | The offender took his 3 and 8 year old children to Iran for vacation and never returned. He was not charged until 8 years later.}}


{{SCase2|''R v Cook'',<br> [http://canlii.ca/t/fxc4t 2013 MBQB 100] (CanLII){{perMBQB|Martin J}} | MB|SC| 9 years (kidnapping)<br>7 years (sexual assault) | The offender kidnapped woman and sexually assaulted her at his home.}}
{{SCaseLong|''R v Cook'',<br> [http://canlii.ca/t/fxc4t 2013 MBQB 100] (CanLII){{perMBQB|Martin J}} | MB|SC| 9 years (kidnapping)<br>7 years (sexual assault) | The offender kidnapped woman and sexually assaulted her at his home.}}


{{SCase2|''R v White''<br> [http://canlii.ca/t/ft538 2012 ONCJ 619] (CanLII){{perONCJ|Devlin J}}|ON|PC| 2 years less a day| The offender built dungeon in basement of building to kidnap friend of ex-wife. He was also sentenced for break and enter of building.}}
{{SCaseLong|''R v White''<br> [http://canlii.ca/t/ft538 2012 ONCJ 619] (CanLII){{perONCJ|Devlin J}}|ON|PC| 2 years less a day| The offender built dungeon in basement of building to kidnap friend of ex-wife. He was also sentenced for break and enter of building.}}


{{SCase2|''R v Singh''<br> [http://canlii.ca/t/fmkct 2011 ONCJ 394] (CanLII){{perONCJ|Robertson J}}| ON |PC |6 months (confinement)<br> 3.5 years (global) | The offender was found guilty of s.88, 264.1, and forceable confinement of wife. He assaulted his wife with a pipe and forced her into house to hide from authorities. He had no record and was on house arrest for 34 months pending this case. He was remorseful. There were serious long-standing injuries to victim.}}
{{SCaseLong|''R v Singh''<br> [http://canlii.ca/t/fmkct 2011 ONCJ 394] (CanLII){{perONCJ|Robertson J}}| ON |PC |6 months (confinement)<br> 3.5 years (global) | The offender was found guilty of s.88, 264.1, and forceable confinement of wife. He assaulted his wife with a pipe and forced her into house to hide from authorities. He had no record and was on house arrest for 34 months pending this case. He was remorseful. There were serious long-standing injuries to victim.}}


{{SCase2|''R v Oxford''<br> [http://canlii.ca/t/273x2 2009 CanLII 70905] (NL PC){{perNLPC|Gorman J}} | NL|PC| 12 months | The offender was also sentenced on poss'n of weapon (88) and breaches. He confined wife in the house at knife-point.}}
{{SCaseLong|''R v Oxford''<br> [http://canlii.ca/t/273x2 2009 CanLII 70905] (NL PC){{perNLPC|Gorman J}} | NL|PC| 12 months | The offender was also sentenced on poss'n of weapon (88) and breaches. He confined wife in the house at knife-point.}}


{{SCase2|''R v Power''<br> [http://canlii.ca/t/1vf72 2008 NLTD 6] (CanLII){{perNLSC| Thompson J}}|NL|SC| 5 months (confinement) <br>16 months (global) | The offender was also sentenced for assault, uttering threats, and breaches. He assaulted his wife on numerous occasions. The offender would not let accused out of vehicle.}}
{{SCaseLong|''R v Power''<br> [http://canlii.ca/t/1vf72 2008 NLTD 6] (CanLII){{perNLSC| Thompson J}}|NL|SC| 5 months (confinement) <br>16 months (global) | The offender was also sentenced for assault, uttering threats, and breaches. He assaulted his wife on numerous occasions. The offender would not let accused out of vehicle.}}


{{SCase2|R v McBride<br> [http://canlii.ca/t/1g870 2003 NSSC 204] (CanLII){{perNSSC|Kelly J}} |NS|SC| 16 month CSO (JR)| The offender also sentenced for assault causing and breach of probation. He grabbed wife by throat and confined her in the vehicle. The offender had 14 prior convictions for violence against women. The sentence was a joint recommendation.}}
{{SCaseLong|R v McBride<br> [http://canlii.ca/t/1g870 2003 NSSC 204] (CanLII){{perNSSC|Kelly J}} |NS|SC| 16 month CSO (JR)| The offender also sentenced for assault causing and breach of probation. He grabbed wife by throat and confined her in the vehicle. The offender had 14 prior convictions for violence against women. The sentence was a joint recommendation.}}


{{SCase2|''R v Gbeve''<br> [http://canlii.ca/t/1fh4d 2001 MBCA 73] (CanLII){{perMBCA|Kroft JA}}| MB|CA| |}}
{{SCaseLong|''R v Gbeve''<br> [http://canlii.ca/t/1fh4d 2001 MBCA 73] (CanLII){{perMBCA|Kroft JA}}| MB|CA| |}}


{{SCase2|R v Pupovic <br>[http://canlii.ca/t/1fbcm 2000 CanLII 16876] (ONCA){{TheCourt}}| ON|CA| 2 years |The offender bound and gagged his mother-in-law and put her in the basement. The victim was found and rescued by a neighbour. The offender appealed from sentence of 5 years.}}
{{SCaseLong|R v Pupovic <br>[http://canlii.ca/t/1fbcm 2000 CanLII 16876] (ONCA){{TheCourt}}| ON|CA| 2 years |The offender bound and gagged his mother-in-law and put her in the basement. The victim was found and rescued by a neighbour. The offender appealed from sentence of 5 years.}}


{{SCase2|''R v Savchenko''<br>[http://canlii.ca/t/fwvvr 2000 CanLII 28797] (NL SCTD), (2000), 191 Nfld. & P.E.I.R. 225 (NLSC){{perNLSC|Adams J}} |NL|SC | 18 months | The offender was also sentenced for assault with a weapon, uttering threats, and unlawful entry. He entered into victim's apartment and forced them into a car and drove with the victim at knife-point, the victim escaped while the car was stopped. The offender had an unrelated record.}}
{{SCaseLong|''R v Savchenko''<br>[http://canlii.ca/t/fwvvr 2000 CanLII 28797] (NL SCTD), (2000), 191 Nfld. & P.E.I.R. 225 (NLSC){{perNLSC|Adams J}} |NL|SC | 18 months | The offender was also sentenced for assault with a weapon, uttering threats, and unlawful entry. He entered into victim's apartment and forced them into a car and drove with the victim at knife-point, the victim escaped while the car was stopped. The offender had an unrelated record.}}


{{SCase2|''R v Rowe''<br>[http://canlii.ca/t/g090h 1994 CanLII 10494] (NL SCTD), (1994), 126 Nfld. & P.E.I.R. 301 (NLSC){{perNLSC|Easton J}} | NL|SC| 3 months (confinement)<br> | The offender also sentenced for uttering threats, dangerous operation, and assault with a weapon. He confined wife in a vehicle. [per Easton J]}}
{{SCaseLong|''R v Rowe''<br>[http://canlii.ca/t/g090h 1994 CanLII 10494] (NL SCTD), (1994), 126 Nfld. & P.E.I.R. 301 (NLSC){{perNLSC|Easton J}} | NL|SC| 3 months (confinement)<br> | The offender also sentenced for uttering threats, dangerous operation, and assault with a weapon. He confined wife in a vehicle. [per Easton J]}}


{{SCaseEnd}}
{{SCaseEnd}}

Revision as of 07:50, 27 June 2019

Case Digests

Case Name Prv. Crt. Sentence Summary
R v Dillon,
2017 SKCA 28 (CanLII), per Lane JA
SK CA 3 years (kidnapping)
30 day (breaches x2)
The offender pleaded guilty to kidnapping and breach of conditions x 2.
R v Paradis,
2016 BCPC 354 (CanLII), per Doulis J
BC PC 6 months (confinement)
6 months (threats)
14 and 45 days (breach)
The offender pleaded guilty to confinement, uttering threats, and two counts of breaches. The offender assaulted his domestic partner by hitting her up to 70 times, choked her, and threatened her if she attempted to leave the trailer they were in. [per Doulis PCJ]
R v Ghodsi,
2013 ABCA 337 (CanLII), per Berger JA
AB CA 2.5 years The offender took his 3 and 8 year old children to Iran for vacation and never returned. He was not charged until 8 years later.
R v Cook,
2013 MBQB 100 (CanLII), per Martin J
MB SC 9 years (kidnapping)
7 years (sexual assault)
The offender kidnapped woman and sexually assaulted her at his home.
R v White
2012 ONCJ 619 (CanLII), per Devlin J
ON PC 2 years less a day The offender built dungeon in basement of building to kidnap friend of ex-wife. He was also sentenced for break and enter of building.
R v Singh
2011 ONCJ 394 (CanLII), per Robertson J
ON PC 6 months (confinement)
3.5 years (global)
The offender was found guilty of s.88, 264.1, and forceable confinement of wife. He assaulted his wife with a pipe and forced her into house to hide from authorities. He had no record and was on house arrest for 34 months pending this case. He was remorseful. There were serious long-standing injuries to victim.
R v Oxford
2009 CanLII 70905 (NL PC), per Gorman J
NL PC 12 months The offender was also sentenced on poss'n of weapon (88) and breaches. He confined wife in the house at knife-point.
R v Power
2008 NLTD 6 (CanLII), per Thompson J
NL SC 5 months (confinement)
16 months (global)
The offender was also sentenced for assault, uttering threats, and breaches. He assaulted his wife on numerous occasions. The offender would not let accused out of vehicle.
R v McBride
2003 NSSC 204 (CanLII), per Kelly J
NS SC 16 month CSO (JR) The offender also sentenced for assault causing and breach of probation. He grabbed wife by throat and confined her in the vehicle. The offender had 14 prior convictions for violence against women. The sentence was a joint recommendation.
R v Gbeve
2001 MBCA 73 (CanLII), per Kroft JA
MB CA
R v Pupovic
2000 CanLII 16876 (ONCA), per curiam
ON CA 2 years The offender bound and gagged his mother-in-law and put her in the basement. The victim was found and rescued by a neighbour. The offender appealed from sentence of 5 years.
R v Savchenko
2000 CanLII 28797 (NL SCTD), (2000), 191 Nfld. & P.E.I.R. 225 (NLSC), per Adams J
NL SC 18 months The offender was also sentenced for assault with a weapon, uttering threats, and unlawful entry. He entered into victim's apartment and forced them into a car and drove with the victim at knife-point, the victim escaped while the car was stopped. The offender had an unrelated record.
R v Rowe
1994 CanLII 10494 (NL SCTD), (1994), 126 Nfld. & P.E.I.R. 301 (NLSC), per Easton J
NL SC 3 months (confinement)
The offender also sentenced for uttering threats, dangerous operation, and assault with a weapon. He confined wife in a vehicle. [per Easton J]