Deceased/Not Found Canada - Alvin, 66, & Kathy Liknes, 53, Nathan O'Brien, 5, Calgary, 30 Jun 2014 - #28

Status
Not open for further replies.

JadeSLeuth

Well-Known Member
Joined
Sep 27, 2014
Messages
2,844
Reaction score
37
[video=twitter;832684188641882114]https://twitter.com/meyer_lucas/status/832684188641882114[/video]
 
Joined
Jul 7, 2014
Messages
671
Reaction score
5
I just want to sneak out of work and run down to the courthouse for 1:30! I'm close! I could make it if I run!

Sent from my SM-G920W8 using Tapatalk
 

olivebpa1

Well-Known Member
Joined
Mar 22, 2016
Messages
474
Reaction score
474
I think Sanders is making a good argument, and that Ross made a legal error in stating that sentencing for the Liknes couple could be consecutive.

The problem is she's trying to argue something that defense already conceded. I'm not saying it's her fault but she obviously wasn't well enough informed and she ended up looking like an idiot. I mean the judge sent her out of the courtroom so they could get their $hit together.
 

Cherchri

Active Member
Joined
Jul 2, 2014
Messages
925
Reaction score
73
In reading just some of the law related to consecutive sentencing, it looks like it doesn't apply because there was one event. I don't really agree that because Nathan wasn't part of the plan, it is a separate event. I think that consecutive sentencing leaves the door wide open for an appeal based on whether the three murders were one event, or more than one event. All three murders are considered pre-meditated, they all happened at the same time, so how can one of the pre-meditate murders be viewed differently?

"Other principles include the “totality principle,” namely, that where consecutive sentences are imposed, the combined sentence should not be unduly long or harsh, along with the principle that all available sanctions other than imprisonment that are reasonable in the circumstances should be considered for all offenders, with particular attention to the circumstances of Aboriginal offenders.
...

The cases where the discretion to impose concurrent or consecutive sentences has been considered have tended to follow the proposition that sentences should generally be served consecutively when they arise from separate and distinct transactions.6
...

As noted above, this is subject to a common law rule that unrelated criminal offences will usually have consecutive sentences applied to them and the statutory rule that, where consecutive sentences are imposed, the combined sentence should not be “unduly long or harsh” (section 718.2(c) of the Code).

The amended section also addresses the situation where multiple sentences are being imposed at the same time. In such a case, under section 718.3(4)(b), a court must consider directing that these sentences be served consecutively when the offences do not arise from the same event or series of events, when one of the offences was committed while the accused was on judicial interim release (also called “bail”), or when one of the offences was committed while the accused was fleeing from a peace officer.18"​

http://www.lop.parl.gc.ca/About/Par.../bills_ls.asp?ls=c26&Parl=41&Ses=2&Language=E

Which is why I felt Dangerous Offender status would be appropriate. This would be classed as a "Crime Spree" and thus the above is applicable. It is, however, at the discretion of the judge and the Justin Bourque precedent is an example. His was a "Crime Spree" seen as one event but he got 3 consecutive life sentences. (Incidentally he pleaded guilty to three murders). On October 31, 2014 he was given a life sentence without the possibility of parole for 75 years. It was considered the harshest sentence in Canada since its last executions in 1962.

https://www.thestar.com/news/canada...r-justin-bourque-to-appeal-life-sentence.html
 

naz

Member
Joined
Jul 15, 2014
Messages
147
Reaction score
0
As the crown said "he killed them for different reasons". Consecutive.

consecutive or concurrent? Spellbound
 

Cherchri

Active Member
Joined
Jul 2, 2014
Messages
925
Reaction score
73
I just want to sneak out of work and run down to the courthouse for 1:30! I'm close! I could make it if I run!

Sent from my SM-G920W8 using Tapatalk

Run Princess run! I snuck by yesterday afternoon and took pics of the media taking pics - they were still there at 4:30 (and likely beyond).
 

otto

Verified Expert (numerous designations)
Joined
Jan 17, 2004
Messages
38,494
Reaction score
80,471
The problem is she's trying to argue something that defense already conceded. I'm not saying it's her fault but she obviously wasn't well enough informed and she ended up looking like an idiot. I mean the judge sent her out of the courtroom so they could get their $hit together.

This is probably the location of the murders really matters. If they were murdered at the house, it's harder to argue that they were separate events.

The Judge got the better of Ross in the back and forth bantering about whether Nathan was a separate event, and the Judge has claimed that Ross conceded that the murders of each of the Liknes couple were separate events. However, when it comes to law, sentences should served consecutively when the "offences do not arise from the same event or series of events". The Liknes couple were one, pre-planned event and, regardless of what Ross said, they are not separate events. Nathan is also not a separate event because all murders happened at the same time during the same criminal act ... a series of events on one day that resulted in three deaths.
 

otto

Verified Expert (numerous designations)
Joined
Jan 17, 2004
Messages
38,494
Reaction score
80,471
Which is why I felt Dangerous Offender status would be appropriate. This would be classed as a "Crime Spree" and thus the above is applicable. It is, however, at the discretion of the judge and the Justin Bourque precedent is an example. His was a "Crime Spree" seen as one event but he got 3 consecutive life sentences. (Incidentally he pleaded guilty to three murders). On October 31, 2014 he was given a life sentence without the possibility of parole for 75 years. It was considered the harshest sentence in Canada since its last executions in 1962.

https://www.thestar.com/news/canada...r-justin-bourque-to-appeal-life-sentence.html

I agree, and think the Crown would be better off arguing that this was one series of events ... and then to go the extra mile and have him declared a dangerous offender. It would be cleaner that what is happening today.
 
Joined
Jul 7, 2014
Messages
671
Reaction score
5
Run Princess run! I snuck by yesterday afternoon and took pics of the media taking pics - they were still there at 4:30 (and likely beyond).
Okay, if they're still there when I'm done at 4 I'll take a nice walk in the sun.[emoji5] where are they normally then?

Sent from my SM-G920W8 using Tapatalk
 

otto

Verified Expert (numerous designations)
Joined
Jan 17, 2004
Messages
38,494
Reaction score
80,471
As the crown said "he killed them for different reasons". Consecutive.

consecutive or concurrent? Spellbound

The Crown claims that they were killed for different reasons, but that doesn't mean they were not one series of events.
 

dyannaON

Well-Known Member
Joined
Jun 26, 2014
Messages
3,407
Reaction score
8,517
CBCnews is talking about it. Will have reports back from courtroom as well :)


Sent from my iPhone using Tapatalk
 

JadeSLeuth

Well-Known Member
Joined
Sep 27, 2014
Messages
2,844
Reaction score
37
Meghan GrantVerified account ‏@CBCMeg 1m1 minute ago
Back in the courtroom for #Garland sentencing decision

Lucas MeyerVerified account ‏@meyer_lucas 2m2 minutes ago
Back at #Garland trial where Judge David Gates will deliver his decision on concurrent or consecutive parole ineligibility #yyc
 

Cherchri

Active Member
Joined
Jul 2, 2014
Messages
925
Reaction score
73
Okay, if they're still there when I'm done at 4 I'll take a nice walk in the sun.[emoji5] where are they normally then?

Sent from my SM-G920W8 using Tapatalk

In the foyer which is all clearly visible through the HUGE windows. Sort of to the left of the big brass doors sculpted into the walls - the main entrance to the security area.
 

JadeSLeuth

Well-Known Member
Joined
Sep 27, 2014
Messages
2,844
Reaction score
37
Valerie Fortney ‏@ValFortney 45s46 seconds ago
All have assembled for the last time in the #Garland trial, to hear Justice Gates sentence the triple/child murderer.

Reid FiestVerified account ‏@ReidFiest 1m1 minute ago
Douglas Garland isn't in court yet, which suggests the Justice will still be a bit. #Garland
 

JadeSLeuth

Well-Known Member
Joined
Sep 27, 2014
Messages
2,844
Reaction score
37
Reid FiestVerified account ‏@ReidFiest 29s29 seconds ago
More
Garland has nothing to say before sentence. #Garland

Bryan LabbyVerified account ‏@CBCBryan 30s30 seconds ago
More
Garland given chance to speak, shakes his head no. #Garland
 

JadeSLeuth

Well-Known Member
Joined
Sep 27, 2014
Messages
2,844
Reaction score
37
Lucas MeyerVerified account ‏@meyer_lucas 26s27 seconds ago
Judge Gates asks #Garland if he wants to say anything.
He says no.
Gates now reading decision #yyc

Bryan LabbyVerified account ‏@CBCBryan 1m1 minute ago
#Garland is now being brought into the prisoner's box. About to learn his fate.
 

JadeSLeuth

Well-Known Member
Joined
Sep 27, 2014
Messages
2,844
Reaction score
37
Kevin MartinVerified account ‏@KMartinCourts 29s29 seconds ago
Gates now going over his sentencing decision beginning with listing the charges #Garland was convicted of.

Nancy HixtVerified account ‏@NancyHixt 41s41 seconds ago
#Garland found guilty Feb 16/17 of three counts first degree murder in deaths of Nathan O'Brien & grandparents Alvin & Kathy Liknes
 

JadeSLeuth

Well-Known Member
Joined
Sep 27, 2014
Messages
2,844
Reaction score
37
Reid FiestVerified account ‏@ReidFiest 25s26 seconds ago
Garland is listening intently to Justice. Looking at the bench too. #Garland
 
Status
Not open for further replies.
Top