Deceased/Not Found Canada - Alvin, 66, & Kathy Liknes, 53, Nathan O'Brien, 5, Calgary, 30 Jun 2014 - #27

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dogmatica said:
I'm unclear on whether the Judge (assuming there are 3 guilty verdicts) would impose consecutive sentences or concurrent. I'm assuming it's up to the Judge's discretion, but the guidelines seem to indicate that if all 3 crimes are considered to be one act, it would be a concurrent sentence. https://en.wikibooks.org/wiki/Canad...entences/Concurrent_and_Consecutive_Sentences

"Sentences may be imposed consecutively in relation to a single transaction where the punishments protect "different societal interests" or "different legal interests".[SUP][5][/SUP] A judge should consider the time frame within which the offences occurred, the similarity of the offences, whether a new intent or impulse initiated each of the offences and whether the total sentence is fit and proper under the circumstances.[SUP][6]"

So with that in mind - the judge could argue that he is a danger to both children and adults - those being 2 different legal interests? [/SUP]
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It's almost always concurrent. What we have to hope for in this case is dangerous offender status in which case he will never walk free.
 
Cherchri said:
It's almost always concurrent. What we have to hope for in this case is dangerous offender status in which case he will never walk free.
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I thought that was changing now that the laws have changed to allow consecutive sentances?

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PrincessButtercup said:
I thought that was changing now that the laws have changed to allow consecutive sentances?

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Supposedly but so far I am unaware of any instance of the change having been implemented. It's high time IMO!

Correction - I just checked - Justin Borque: http://www.cbc.ca/news/canada/new-b...es-no-chance-of-parole-for-75-years-1.2818516

So maybe - just maybe. "Crime Spree" is what is at issue and if it all happened with the same gravamen, at the same time.

Still hoping for Dangerous Offender.
 
PrincessButtercup said:
I thought that was changing now that the laws have changed to allow consecutive sentances?

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http://www.cbc.ca/news/canada/new-b...es-no-chance-of-parole-for-75-years-1.2818516

The judge can most certainly impose consecutive sentences - it's totally up to him. This is a relatively new law on the books, and Canada doesn't have (touch wood) a lot of multiple murders (compared to the US). However the majority of judges in Canada are pretty liberal - a good deal of them were former criminal defense lawyers. So unfortunately you see a lot of leniency from them. Ex. the Lukas Strasser-Hird case. One of the perps was charged with first degree murder. The judge set him free pending trial - on house arrest. He fled (shocking!!) and has been on the lamb for a while now.

We'll maybe start to see more and more consecutive sentences for these sorts of heinous crimes now that it's a legal option.
 
Kevin MartinVerified account ‏@KMartinCourts 59s60 seconds ago

Final legal instructions to jurors in the #Garland trial delayed as lawyers conferring with Justice David Gates in camera
 
MistyWaters said:
My personal experience in that same age group, having lived in a town at one time that was connected to a high profile media event, it might be that small town people tend not to be anxious to blab their stories to MSM when it's known the topic relates to tragedy, scandal and sensationalism. They just don't see that it's the general public's business, it's private thing discussed only amongst locals. Airdrie's not a small town any longer but it was when Garland was younger.

Another reason for public silence may also be out of respect towards Garland's family, his parents and sisters. If so, that's an admirable reason imo.
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That is exactly why I did not say the name of the person who was hit and hurt in the Hartley accident. Aetna is just a hamlet and the people are protective of one another. My friend had asked me not to use his name as the Hartley family were upset when they were approached by the press. We passed his farm the other day. The buildings sit empty now and a Hutterite Colony farms the land. I know he would be retired now but I don't know where he went.
 
Valerie Fortney ‏@ValFortney 1m1 minute ago
We're just waiting for judge and jury at Douglas #Garland trial; in-camera meeting right now btwn judge, Crown and defence.
 
Blue Amethyst said:
That is exactly why I did not say the name of the person who was hit and hurt in the Hartley accident. Aetna is just a hamlet and the people are protective of one another. My friend had asked me not to use his name as the Hartley family were upset when they were approached by the press. We passed his farm the other day. The buildings sit empty now and a Hutterite Colony farms the land. I know he would be retired now but I don't know where he went.
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Glad you made that judgement call. It was a good one.
 
I thought they took all of yesterday to go over the jury instructions. Why another delay first thing today? :waitasec:
 
JadeSLeuth said:
Watch G change his plea...
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Naw.

My guess is they are all discussing and agreeing or making changes in the wording the judge came up with for the instructions to the jury.

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