R. v. Calfchild (D.) (1993), 144 A.R. 296 (ProvCt)
MLB headnote and full text
Her Majesty The Queen v. Derek Calfchild
(Docket No. 30261119P10101-0102)
Indexed As: R. v. Calfchild (D.)
Alberta Provincial Court
Criminal Division
Porter, P.C.J.
October 14, 1993.
Summary:
The accused was at a drinking party with a woman with whom he had recently recommenced a relationship. The woman’s former common law husband was also at the party. The accused stabbed the woman’s former partner in the chest twice and dragged the woman by her hair and punched and kicked her. The accused was convicted for the assaults.
The Alberta Provincial Court, Criminal Division, sentenced the accused accordingly.
Criminal Law – Topic 5846.1
Sentencing – Considerations on imposing sentence – Native people – The Alberta Provincial Court, Criminal Division, in sentencing an accused Native person, discussed the usefulness of involvement in the sentencing process by the accused’s community – See paragraph 17.
Criminal Law – Topic 5849.5
Sentencing – Considerations on imposing sentence – Competency of accused – The Alberta Provincial Court, Criminal Division, held that an accused’s retardation was a proper factor to consider when determining the length of sentence – See paragraph 12.
Criminal Law – Topic 5861
Sentence – Assault – The accused was at a drinking party with a woman with whom he had recently recommenced a relationship – The woman’s former common law husband was also at the party – The accused stabbed the woman’s former partner in the chest twice and dragged the woman by her hair and punched and kicked her – The accused was convicted – 28 year old chronic alcoholic – Categorized as retarded – Physically and sexually abused as a child – Prior record including violent offences – Held in custody pending sentence – The Alberta Provincial Court, Criminal Division, imposed a sentence of 13 months’ and 21 days’ imprisonment for assaulting the man, three months concurrent for assaulting the woman and two years’ probation.
Criminal Law – Topic 5883
Sentence – Assault with a weapon or assault causing bodily harm – [See
Criminal Law – Topic 5861
].
Authors and Works Noticed:
Nadin-Davis, Canadian Sentencing Digest (1978), p. 88 [para. 12].
Ross, Rupert, Dancing With a Ghost-Exploring Indian Reality, generally [para. 17].
Counsel:
Not available.
This case was heard before Porter, P.C.J., of the Alberta Provincial Court, Criminal Division, who delivered the following judgment on October 14, 1993.
