An Alberta judge is set to outline the pertinent facts to be considered before the sentencing arguments begin for two men convicted of mischief and a weapons charge at the 2022 border blockade near Coutts, Alta.
Anthony Olienick and Chris Carbert were found not guilty by a jury on Aug. 2 of the most serious charge of conspiracy to commit murder against police officers.
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The two men were found guilty of possessing a weapon for a dangerous purpose, and Olienick was convicted of possessing a pipe bomb.
A judge normally makes his findings of fact for sentencing based on his or her own decision, but after a jury trial the judge first hears arguments from both the Crown and defence on their interpretations of the verdict before formal arguments on sentencing begin.
The Crown says despite the not-guilty verdicts on conspiracy, the jury found them guilty of possessing a dangerous weapon and it must have believed the two men may have been ready to have a shootout with police.
Carbert’s lawyer says her client was likely convicted simply for showing off his new assault rifle and Olienick’s lawyer suggested the jury may have rushed to a verdict to be done in time for the August long weekend.
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