Kirsten Lancee defended JFK against multiple serious allegations, including sexual assault causing bodily
harm, sexual assault with a weapon (firearm), and possessing a loaded, restricted firearm. Kirsten wrote a
Charter Notice in advance of trial, alleging breaches of the client’s right to be free from warrantless search
and seizure and to instruct legal counsel without delay. As a result, Kirsten negotiated for her client to
tender several lesser guilty pleas. This included the withdrawal of all sexual offences, which prevented
JFK from receiving a SOIRA order. At sentencing, the Crown sought a jail sentence of 54 months. The
Calgary Court of Justice agreed with Defence that the sentence should be reduced due to JFK’s efforts
towards treatment, genuine remorse and moderate cognitive impairments. The Court imposed a global
sentence of 18 months followed by 3 years’ probation. The Court additionally agreed that the sentence
should be reduced by a further 6 months to account for JFK’s compliance with strict release conditions. In
addition to his pre-sentence custody time, JFK had less than 9 months’ jail to be served.
Read the full written decision: R v JFK, 2023 ABPC 28
https://www.canlii.org/en/ab/abpc/doc/2023/2023abpc28/2023abpc28.html
