Contempt of Court (Sentencing Cases): Difference between revisions

From Criminal Law Notebook
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{{OffencesBoxMini|Contempt of Court}}
{{OffencesBoxMini|Contempt of Court}}
==Case Digests==
==Case Digests==
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{{SCase1|''R v Omar'',<br> [http://canlii.ca/t/h306t 2017 ONSC 1833] (CanLII){{perONSC|Molloy J}} | {{JailY|3}} | The offender testified in his own defence at a first degree murder trial. He refused to answer relevant questions. }}  
{{SCaseLong|''R v Omar'',<br> [http://canlii.ca/t/h306t 2017 ONSC 1833] (CanLII){{perONSC|Molloy J}}|ON|SC | {{JailY|3}} | The offender testified in his own defence at a first degree murder trial. He refused to answer relevant questions. }}  


{{SCase1|''R v Bidesi'', <br>[http://canlii.ca/t/gnh4k 2016 BCSC 171] (CanLII){{perBCSC|Butler J}} | | }}  
{{SCaseLong|''R v Bidesi'', <br>[http://canlii.ca/t/gnh4k 2016 BCSC 171] (CanLII){{perBCSC|Butler J}} |BC|SC| | }}  


{{SCase1|''R v Carlick'', <br>[http://canlii.ca/t/g1t1k 2013 YKSC 83] (CanLII){{perYKSC|Brooker J}} | | }}
{{SCaseLong|''R v Carlick'', <br>[http://canlii.ca/t/g1t1k 2013 YKSC 83] (CanLII){{perYKSC|Brooker J}} |YK|SC| | }}


{{SCase1|''R v McMillan'', <br>[http://canlii.ca/t/fnsms 2011 BCSC 1537] (CanLII){{perBCSC|Schultes J}} | {{JailM|18}} | }}
{{SCaseLong|''R v McMillan'', <br>[http://canlii.ca/t/fnsms 2011 BCSC 1537] (CanLII){{perBCSC|Schultes J}} |BC|SC | {{JailM|18}} | }}


{{SCase1|''R v Yegin'', <br>[2010] OJ No 2083 (ONSC), [http://canlii.ca/t/28ztv 2010 ONCA 238] (CanLII){{TheCourtONCA}} | {{JailY|4}} | The offender refused to testify during a murder trial. He was a "long-time member of the criminal underworld".}}  
{{SCaseLong|''R v Yegin'', <br>[2010] OJ No 2083 (ONSC), [http://canlii.ca/t/28ztv 2010 ONCA 238] (CanLII){{TheCourtONCA}} |ON|CA| {{JailY|4}} | The offender refused to testify during a murder trial. He was a "long-time member of the criminal underworld".}}  


{{SCase1|''R v Esrabian'', <br>[2010] OJ No 2896 (S.C.J.){{NOCANLII}} | {{JailY|4}} | The offender refused to testify at a murder trial. This was his second conviction for contempt for refusing to testify at the same trial.}}  
{{SCaseLong|''R v Esrabian'', <br>[2010] OJ No 2896 (S.C.J.){{NOCANLII}}|ON|SC | {{JailY|4}} | The offender refused to testify at a murder trial. This was his second conviction for contempt for refusing to testify at the same trial.}}  


{{SCase1|''R v Jacob'', <br>[http://canlii.ca/t/1vhfl 2008 MBCA 7] (CanLII){{perMBCA|Scott CJ}} | {{JailY|2}} | }}  
{{SCaseLong|''R v Jacob'', <br>[http://canlii.ca/t/1vhfl 2008 MBCA 7] (CanLII){{perMBCA|Scott CJ}}|MB|CA | {{JailY|2}} | }}  


{{SCase1|''R v Abdullah'',<br> [http://canlii.ca/t/1wpd4 2008 MBCA 48] (CanLII){{perMBCA|Scott CJ}} |3 years | The judge said it could hardly be "worse case" and "worse offenders".}}
{{SCaseLong|''R v Abdullah'',<br> [http://canlii.ca/t/1wpd4 2008 MBCA 48] (CanLII){{perMBCA|Scott CJ}} |MB|CA|{{JailY|3}} | The judge said it could hardly be "worse case" and "worse offenders".}}


{{SCase1|''R v Abu-Sharife'', <br>[http://canlii.ca/t/1qk7f 2006 BCSC 1981] (CanLII){{perBCSC|Grist J}} |2 years  | }}
{{SCaseLong|''R v Abu-Sharife'', <br>[http://canlii.ca/t/1qk7f 2006 BCSC 1981] (CanLII){{perBCSC|Grist J}}|BC|SC |{{JailY|2}} | }}


{{SCase1|''R v Ayres'',<br>(1984), 15 CCC (3d) 208 (ONCA), [http://canlii.ca/t/gb0c8 1984 CanLII 3539] (ON CA){{perONCA|Goodman JA}} | {{JailM|18}} | The offender was brought in to testify against a co-accused on a murder trial. He refused to testify. Court Appeal overturned conviction but commented that the sentencing range adequate. }}
{{SCaseLong|''R v Ayres'',<br>(1984), 15 CCC (3d) 208 (ONCA), [http://canlii.ca/t/gb0c8 1984 CanLII 3539] (ON CA){{perONCA|Goodman JA}}|ON|CA | {{JailM|18}} | The offender was brought in to testify against a co-accused on a murder trial. He refused to testify. Court Appeal overturned conviction but commented that the sentencing range adequate. }}


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Revision as of 19:52, 19 April 2020

Case Digests

Case Name Prv. Crt. Sentence Summary
R v Omar,
2017 ONSC 1833 (CanLII), per Molloy J
ON SC 3 years imprisonment The offender testified in his own defence at a first degree murder trial. He refused to answer relevant questions.
R v Bidesi,
2016 BCSC 171 (CanLII), per Butler J
BC SC
R v Carlick,
2013 YKSC 83 (CanLII), per Brooker J
YK SC
R v McMillan,
2011 BCSC 1537 (CanLII), per Schultes J
BC SC 18 months imprisonment
R v Yegin,
[2010] OJ No 2083 (ONSC), 2010 ONCA 238 (CanLII), per curiam
ON CA 4 years imprisonment The offender refused to testify during a murder trial. He was a "long-time member of the criminal underworld".
R v Esrabian,
[2010] OJ No 2896 (S.C.J.)(*no CanLII links)
ON SC 4 years imprisonment The offender refused to testify at a murder trial. This was his second conviction for contempt for refusing to testify at the same trial.
R v Jacob,
2008 MBCA 7 (CanLII), per Scott CJ
MB CA 2 years imprisonment
R v Abdullah,
2008 MBCA 48 (CanLII), per Scott CJ
MB CA 3 years imprisonment The judge said it could hardly be "worse case" and "worse offenders".
R v Abu-Sharife,
2006 BCSC 1981 (CanLII), per Grist J
BC SC 2 years imprisonment
R v Ayres,
(1984), 15 CCC (3d) 208 (ONCA), 1984 CanLII 3539 (ON CA), per Goodman JA
ON CA 18 months imprisonment The offender was brought in to testify against a co-accused on a murder trial. He refused to testify. Court Appeal overturned conviction but commented that the sentencing range adequate.