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ALBERTA LAW REPORTS Sixth Series Reports of Selected Cases from the Courts of Alberta and Appeals

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ALBERTA LAW REPORTS Sixth Series Reports of Selected Cases from the Courts of Alberta and Appeals ALBERTA LAW REPORTS Sixth Series Reports of Selected Cases from the Courts of Alberta and Appeals VOLUME 46 (Cited 46 Alta. L.R. (6th)) SELECTION EDITOR Walter J. Watson, B.A., LL.B. ASSOCIATE EDITORS E. Mirth, Q.C. E.H. Molstad, Q.C. A.D. Nielsen, B.A., LL.B., Q.C. EDITORIAL STAFF Cheryl L. L. McPherson, B.A.(HONS.) Director, Content Operations — Primary Law & Quebec Audrey Wineberg, B.A.(HONS.), LL.B. Product Development Manager Nicole Ross, B.A., LL.B. Julia Fischer, B.A.(HONS.), LL.B. Supervisor, Legal Writing Supervisor, Legal Writing Michael Johnson, B.A.(HONS.), LL.B. Barbara Roberts, B.A.(HONS.), LL.B. Lead Legal Writer Lead Legal Writer Donna Dickson Senior Content Editor ALBERTA LAW REPORTS is published 18 times per year. Alberta Law Reports est publi´e 18 fois par ann´ee. Editorial Offices are also located at the following address: 430 rue St. Pierre, Le bureau de la r´edaction est situ´e a` Montr´eal — 430, rue St. Pierre, Mon- Montr´eal, Qu´ebec, H2Y 2M5. tr´eal, Qu´ebec, H2Y 2M5. ________ ________ © 2017 Thomson Reuters Canada Limited © 2017 Thomson Reuters Canada Limit´ee NOTICE AND DISCLAIMER: All rights reserved. No part of this publica- MISE EN GARDE ET AVIS D’EXONERATION´ DE RESPON- tion may be reproduced, stored in a retrieval system, or transmitted, in any SABILITE´ : Tous droits r´eserv´es. 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This publication is provided on the understanding and basis that publication, ni aucune des autres personnes ayant particip´e a` son elaboration´ none of Thomson Reuters Canada, the author/s or other persons involved in n’assument quelque responsabilit´e que ce soit relativement a` l’exactitude ou the creation of this publication shall be responsible for the accuracy or cur- au caract`ere actuel de son contenu ou au r´esultat de toute action prise sur la rency of the contents, or for the results of any action taken on the basis of the foi de l’information qu’elle renferme, ou ne peuvent etreˆ tenus responsables information contained in this publication, or for any errors or omissions con- de toute erreur qui pourrait s’y etreˆ gliss´ee ou de toute omission. tained herein. La participation d’une personne a` la pr´esente publication ne peut en aucun cas etreˆ consid´er´ee comme constituant la formulation, par celle-ci, d’un avis No one involved in this publication is attempting herein to render legal, ac- juridique ou comptable ou de tout autre avis professionnel. Si vous avez counting, or other professional advice. If legal advice or other expert assis- besoin d’un avis juridique ou d’un autre avis professionnel, vous devez tance is required, the services of a competent professional should be sought. retenir les services d’un avocat ou d’un autre professionnel. Les analyses The analysis contained herein should in no way be construed as being either comprises dans les pr´esentes ne doivent etreˆ interpr´et´ees d’aucune fa¸con official or unofficial policy of any governmental body. comme etant´ des politiques officielles ou non officielles de quelque organ- isme gouvernemental que ce soit. 8 The paper used in this publication meets the minimum requirements of 8 Le papier utilis´e dans cette publication satisfait aux exigences minimales American National Standard for Information Sciences — Permanence of Pa- de l’American National Standard for Information Sciences — Permanence of per for Printed Library Materials, ANSI Z39.48-1984. Paper for Printed Library Materials, ANSI Z39.48-1984. ISSN 0703-3117 ISBN 978-0-7798-5749-4 Printed in Canada by Thomson Reuters THOMSON REUTERS CANADA, A DIVISION OF THOMSON REUTERS CANADA LIMITED One Corporate Plaza Customer Relations 2075 Kennedy Road Toronto 1-416-609-3800 Toronto, Ontario Elsewhere in Canada/U.S. 1-800-387-5164 M1T 3V4 Fax 1-416-298-5082 www.carswell.com Contact www.carswell.com/email R. v. Brodt 213 [Indexed as: R. v. Brodt] Her Majesty the Queen (Respondent) and Michael James Brodt (Appellant) Alberta Court of Appeal Docket: Edmonton Appeal 1603-0136-A 2016 ABCA 373 Catherine Fraser C.J.A., Jack Watson, Sheila Greckol JJ.A. Heard: November 15, 2016 Judgment: November 30, 2016 Criminal law –––– Sentencing — Sentencing for multiple convictions –––– Totality principle — Accused pleaded guilty to one count of possessing re- stricted firearm with readily accessible ammunition, four breaches of recogni- zance and ten counts of possession for purposes of trafficking — Offences took place over three distinct time periods — Accused was sentenced to 14 years’ imprisonment — Accused appealed sentence — Appeal allowed — Global sen- tence of 10 years’ imprisonment, less credit for pre-sentence custody, was ap- propriate — Sentencing judge’s failure to factor in common law totality was re- viewable error — Sentencing judge correctly characterized events as constituting three separate transactions and made sentences for each group con- secutive to each other — There was no principled reason however for sentencing judge making sentences within each group consecutive to each other — Fact that different drugs were involved did not mandate consecutive sentences for each drug — Sentenced judge referred to two factors as aggravating which should not have been treated as such at sentencing — Accused had no criminal record and was battling addiction to drugs — Accused pleaded guilty to every count which was mitigating — It was unclear how sentencing judge apportioned guilty pleas between various sentences — Global sentence imposed was unduly long or harsh — Consecutive sentences for drug offences in each group was not justified. Cases considered: R. v. B. (G.) (2013), 2013 ABCA 93, 2013 CarswellAlta 299, [2013] A.J. No. 205, 544 A.R. 127, 567 W.A.C. 127 (Alta. C.A.) — referred to R. v. Bear (2016), 2016 SKCA 140, 2016 CarswellSask 690, [2016] S.J. No. 587 (Sask. C.A.) — referred to R. v. Keough (2012), 2012 CarswellAlta 61, 2012 ABCA 14, [2012] A.J. No. 10, [2012] 5 W.W.R. 45, 57 Alta. L.R. (5th) 68, 281 C.C.C. (3d) 476, 519 A.R. 236, 539 W.A.C. 236 (Alta. C.A.) — referred to R. v. May (2012), 2012 ABCA 213, 2012 CarswellAlta 1170, [2012] A.J. No. 703, 533 A.R. 182, 557 W.A.C. 187, 75 Alta. L.R. (5th) 135 (Alta. C.A.) — considered 214 ALBERTA LAW REPORTS 46 Alta. L.R. (6th) R. v. McDonald (2015), 2015 ABCA 108, 2015 CarswellAlta 457, [2015] A.J. No. 303, 18 C.R. (7th) 397, 323 C.C.C. (3d) 291, 599 A.R. 300, 643 W.A.C. 300, 16 Alta. L.R. (6th) 101 (Alta. C.A.) — referred to R. v. McLean (2016), 2016 SKCA 93, 2016 CarswellSask 478, [2016] S.J. No. 406, 484 Sask. R. 137, 674 W.A.C. 137 (Sask. C.A.) — referred to R. v. Pazder (2016), 2016 ABCA 209, 2016 CarswellAlta 1250, [2016] A.J. No. 672, 39 Alta. L.R. (6th) 333 (Alta. C.A.) — referred to R. v. Rahime (2001), 2001 ABCA 203, 2001 CarswellAlta 1019, 156 C.C.C. (3d) 349, [2001] 10 W.W.R. 428, [2001] A.J. No.
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