http://ablawg.ca/2008/06/24/infidelity-does-not-necessarily-amount-to-provocation/ Sat, 11 Feb 2012 12:26:58 +0000 http://wordpress.org/?v=2.3.3 http://ablawg.ca/2008/06/24/infidelity-does-not-necessarily-amount-to-provocation/#comment-72659 Jennifer Koshan Tue, 06 Oct 2009 18:35:36 +0000 http://ablawg.ca/2008/06/24/infidelity-does-not-necessarily-amount-to-provocation/#comment-72659 Case update: Tran was originally sentenced to life imprisonment with no chance of parole for 10 years. The Crown appealed this sentence, and in a recent decision the Alberta Court of Appeal allowed the Crown's appeal (see 2009 ABCA 308). The Court of Appeal clarified that "unusual circumstances need not be present in order to justify a period of parole ineligibility greater than 10 years" (at para. 10), and found that there were a number of aggravating factors that the trial judge failed to consider (including the aggravated assault of the accused's wife at the same time as the murder, the domestic violence context of the crime, and the threats to kill their children - see paras. 11-12). At the same time the Court found that the accused was remorseful and of previously good character, so the Crown’s argument that 20 years was fit was rejected. A period of 15 years parole ineligibility was substituted by the Court of Appeal as a fit sentence. Case update: Tran was originally sentenced to life imprisonment with no chance of parole for 10 years. The Crown appealed this sentence, and in a recent decision the Alberta Court of Appeal allowed the Crown’s appeal (see 2009 ABCA 308). The Court of Appeal clarified that “unusual circumstances need not be present in order to justify a period of parole ineligibility greater than 10 years” (at para. 10), and found that there were a number of aggravating factors that the trial judge failed to consider (including the aggravated assault of the accused’s wife at the same time as the murder, the domestic violence context of the crime, and the threats to kill their children - see paras. 11-12). At the same time the Court found that the accused was remorseful and of previously good character, so the Crown’s argument that 20 years was fit was rejected. A period of 15 years parole ineligibility was substituted by the Court of Appeal as a fit sentence.

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