James Marentette

Clark Eric Sauve was convicted of second-degree murder of his wife, Linda Sauve.

The court considered aggravating factors including attempts to deflect culpability, lack of remorse, elements of planning, use of a gun, and domestic homicide.

Mitigating factors included his age (62), lack of criminal record, prior good character, and significant health issues and depression.

The court applied sections 745(c) and 745.4 of the Criminal Code to determine parole ineligibility.

Citing R. v. Shropshire and R. v. McKnight, the court set the parole ineligibility period at 12 years, emphasizing denunciation and general deterrence.

The accused was charged with second degree murder following the shooting death of his wife in their home.

The accused claimed that unknown female intruders broke in, pistol-whipped him, and shot his wife.

The Crown relied on circumstantial evidence, including gunshot residue on the accused's hands, his DNA on the murder weapon and ammunition, and the lack of physical evidence supporting a home invasion or struggle.

The court rejected the accused's exculpatory statements as unbelievable and found the circumstantial evidence overwhelmingly proved beyond a reasonable doubt that the accused shot his wife.

The accused was found guilty of second degree murder.

Breanna Flynn was found guilty of theft over $5,000 and possession of stolen property over $5,000, with the latter charge stayed under the Kienapple principle.

The court considered aggravating factors, including breach of trust and the amount stolen, and mitigating factors such as no prior criminal record.

Emphasizing denunciation and general deterrence for breach of trust offences, the court rejected the defence's request for an intermittent sentence and imposed a four-month custodial sentence followed by thirty months of probation with a restitution order for the remaining loss of $2,937.85 to Wilfrid Laurier University.

Breanna Flynn, a financial operations assistant at Wilfrid Laurier University bookstore, was charged with theft over $5,000 and possession of property obtained by crime over $5,000.

Missing deposits totaling $31,298.20 were discovered from the bookstore safe.

Police found $27,962 in Canadian currency and the three missing Brinks deposit bags in Flynn's bedroom closet.

Flynn's explanation for the cash and bags was deemed implausible and defied logic and common sense.

The court applied the W.(D.) analysis, disbelieved the accused's testimony, and found her evidence did not raise a reasonable doubt.

Based on circumstantial evidence, the court inferred that Flynn stole the deposits.

She was found guilty of both counts.

The accused, charged with theft over $5,000 and possession of property obtained by crime, brought a Charter application to exclude evidence seized from her home.

She argued the search warrant was invalid because the Information to Obtain (ITO) failed to disclose that the workplace video surveillance was motion-activated and contained a time gap.

The court dismissed the application, finding the omissions were not material to the existence of reasonable and probable grounds and were not made intentionally or recklessly.

The court concluded the search did not violate s. 8 of the Charter and, alternatively, the evidence would not be excluded under s. 24(2).