PDF version: The immorality (and morality) of morality-based judging
Case commented on: R v Zentner, 2012 ABCA 332
Introduction
On November 22, 2012, in its decision in R v Zentner, 2012 ABCA 332, the Alberta Court of Appeal reversed the sentencing decision of Provincial Court Judge G.K. Krinke, in which Judge Krinke imposed a conditional discharge on a funeral director convicted of fraud. The Court did so on the grounds that Judge Krinke failed to follow applicable (and binding) precedent and did not comply with the requirements of the Criminal Code. The Court held that the “legal foundation of the sentence imposed was either non-existent, or was installed upside down” (para 60).