Summary

40323

William Kenneth Turner v. His Majesty the King

(Alberta) (Criminal) (By Leave)

Keywords

Criminal law — Sentencing — Whether the Court of Appeal unreasonably narrowed the circumstances where a conditional discharge can be granted — How should a sentencing court account for forward-looking considerations in applying Gladue and determine the appropriate sanctions for Indigenous persons?

Summary

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The applicant is a member of the Gwich’in First Nation. He was convicted of assault with a weapon and uttering death threats and was sentenced to six months imprisonment, concurrent on each count, followed by two years’ probation. Leave to appeal sentence was granted and the sentence appeal was dismissed.

Lower Court Rulings

February 3, 2021
Court of Queen’s Bench of Alberta

180177164Q1
Sentence imposed: concurrent six-month jail terms and a two-year probation order
January 14, 2022
Court of Appeal of Alberta (Edmonton)

2022 ABCA 11, 2103-0028A
Leave to appeal sentence granted; sentence appeal dismissed
 

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