Supreme Court

Decision Information

R v Abel

Court Supreme Court
Date 1997-06-20
File numbers CR 03291
Judge(s) Richard
Location Yellowknife
Cases and statutes considered Statutes considered:
Criminal Code, RSC 1985, c. C-46, s. 175(1)(a), s. 264.2(1)(a)
Decision information:

Summary: Accused appealed conviction and sentence on grounds that judge who had prior judicial contact with accused did not disqualify himself, that accused did not get fair credit for time spent in custody pre-trial, and that 17 months sentence was too harsh. Court found there were few judges in jurisdiction, but they were capable of disabusing their minds of evidence from prior contacts. Also found that there was evidence before judge to support his finding of continuum of consciousness around event. Accused did not show a real likelihood of bias in judge. Accused somewhat responsible for delay in going to trial. Maximum sentence possible for all charges was 48 months. Court found 17 months sentence for three counts of threats was not unreasonably excessive.
Decision: Conviction and sentence appeals denied
Subjects: Criminal law - Appeals - Sentence appeals

Decision Content

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