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Jail wasn’t required for a Calgary police officer who slammed a handcuffed lady to the ground throughout her arrest processing, his lawyer stated Friday.
And a counsel for the Calgary Police Affiliation stated even when the Alberta Courtroom of Attraction upholds Alex Dunn’s 30-day jail time period, it ought to make it clear custody just isn’t the one possibility for convicted officers.
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Defence lawyer Alias Sanders stated the CPA was involved about feedback made by Justice Nancy Dilts in overturning a decrease court docket resolution granting Dunn a conditional sentence to be served locally.
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In her resolution, Dilts, who finally stayed her order that Dunn serve 30 days on weekends due to the passage of time and the very fact he had served his community-based sentence, commented on the appropriateness of a conditional time period for extreme use of drive by police.
The Calgary Courtroom of King’s Bench choose stated she was involved the Ontario case sentencing Choose Michelle Christopher used to justify a conditional sentence for Dunn “now not displays society’s values or objectives of sentencing in response to a police officer’s use of extreme drive.”
Dilts went on to say within the years because the Ontario case in 2013, the idea of sentencing in such circumstances had developed “within the context of contemporary social change and heightened public consciousness, significantly because it pertains to police use of drive towards weak individuals.”
“By enacting these rules she is, in a roundabout way, altering the vary of sentences,” Sanders advised, in saying her consumer hopes to “neutralize” these feedback made by Dilts.
The lawyer stated Dilts took discover of “heightened social modifications and trendy policing” with out having proof earlier than her to take action.
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However Justice Peter Martin, one of many three Courtroom of Attraction judges listening to the case, stated Dilts’ feedback wouldn’t apply in circumstances the place law enforcement officials cross the road within the warmth of responsibility.
“We’re not speaking a few case the place a police officer needed to make a split-second resolution,” Martin stated of Dunn’s assault on Black lady Dalia Kafi on Dec. 13, 2017.
He stated Dunn’s conduct was “a matter of unprovoked, extreme violence.”
Defence counsel Alain Hepner, who needs Dilts’ resolution overturned partly as a result of it could help Dunn’s enchantment to the Regulation Enforcement Overview Board that he be fired from the drive, stated the King’s Bench choose didn’t present deference to Christopher’s ruling.
However Crown prosecutor Troy Couillard argued the choice that jail was required ought to stand.
“Justice Dilts didn’t create a brand new vary of sentencing,” Couillard stated.
The enchantment judges reserved their resolution.
KMartin@postmedia.com
X: @KMartinCourts
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