Alberta Court of Appeal upholds 9 1/2-year sentence for offender in nightclub killing yyc
In a written decision, a three-member Alberta Court of Appeal panel said trial Justice Earl Wilson did not err when he ruled the beating wasn’t a violation of Harrison’s Charter rights so a discount in sentence wasn’t warranted.Sign up to receive daily headline news from the Calgary Herald, a division of Postmedia Network Inc.By clicking on the sign up button you consent to receive the above newsletter from Postmedia Network Inc.
Crown prosecutor Brian Graff agreed Wilson wrongly put the Charter breach burden of proof on the defence, but the appeal judges agreed it wouldn’t have changed the ultimate outcome. They noted Wilson didn’t find believable Harrison’s claim he was the victim of an unprovoked attack by guards, ruling the officers physically restrained the offender to protect themselves.Article content
“The record in this case demonstrates that the sentencing judge’s credibility assessment and ultimate chain of reasoning were unaffected by his misstatement of the onus of proof,” they said.
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