Tuesday, April 03, 2007

Curtis Malinowski

THE COURT OF APPEAL FOR SASKATCHEWAN

Curtis John Malinowski
Appellant
- and -
Her Majesty the Queen
Respondent

Written Reasons: March 22, 2007

5 comments:

saskinterest said...

This is very interesting. The high court found that the lower court Queen's Bench judge sentenced him with out any evidence presented. Wow... I don't understand how that can be right? The upper court wrote per the Malinowski sentencing..."the judge should have required the Crown to prove those facts by evidence" "As to the rest of the facts, the transcript of the sentencing hearing, at which no evidence was presented, indicated a wide divergence between the positions taken by the Crown and the defence."

Anonymous said...

No evidence presented and and a person can get 21 months?

James Hunter said...

He pleaded guilty.
We can not send someone with a strong religious connection in Saskatoon to jail.
It just would not look good.

Roofing Crew said...

But he was sent to jail, was he not?

Anonymous said...

He was sent to prison.

He served seven months prior to him appearing before the appeal oourt.

He plead guilty to one count in a pre-trial plea.

As a result the charges against his co-accused (his wife) were dropped.

There was at no time evidence presented to the court.

According to transcripts, the defense expected a sentence served in the community.

The judgment differed. He was sentenced to 21 months.