29 total
Sentence for trafficking one gram of marijuana reduced to time served due to proportionality principle.
The appellant pleaded guilty to trafficking one gram of marijuana and appealed his sentence.
The Court of Appeal held that despite the appellant's terrible criminal record, the sentence had to be proportionate to the offence under s. 718.1 of the Criminal Code.
Leave to appeal was granted, the appeal was allowed, and the sentence was reduced to time served.
Sentence appeal dismissed; trial judge appropriately prioritized general deterrence in rejecting a conditional sentence.
The appellant, a first offender of otherwise good character, appealed his sentence for a serious commercial offence.
He argued the trial judge erred in refusing to impose a conditional sentence.
The Court of Appeal dismissed the appeal, finding no material error in principle.
The trial judge appropriately prioritized general deterrence given the commercial nature of the offence when rejecting a conditional sentence.
Sentence appeal dismissed; 18-month custodial sentence for large-scale marijuana grow operation upheld.
The appellant pleaded guilty to his involvement as the central figure in a large-scale marijuana grow operation and was sentenced to 18 months' incarceration.
He appealed the sentence, arguing for a conditional sentence.
The Court of Appeal dismissed the appeal, finding no error in principle in the trial judge's decision to prioritize general deterrence and concluding the sentence was demonstrably fit.
Sentence appeal allowed; 47-month sentence reduced to time served after trial judge rejected joint submission.
The appellant appealed the sentence imposed by the trial judge, who had rejected a joint submission of 18 months less pre-trial custody.
The Court of Appeal agreed that the joint submission was too low, but found the total sentence of 47 months was manifestly too high given the 27 months of credited pre-trial custody.
The Court concluded a three-year penitentiary term would have been appropriate and varied the sentence to time served.
Appeal from denial of certiorari to quash committal for trial dismissed; 'some evidence' threshold met.
The appellant appealed an order denying his application for certiorari to quash his committal for trial on charges of trafficking cocaine, possession for the purpose of trafficking, possession of cocaine, and possession of the proceeds of crime.
The Court of Appeal dismissed the appeal, finding that the 'some evidence' threshold for committal was met based on police observations, testimony from a purchaser, and the discovery of drugs and money in an apartment to which the appellant had a key.
Youth sentence varied on consent to remove closed custody and final probation term.
The young person appealed the sentence imposed by the youth court.
On consent, the Court of Appeal allowed the appeal and varied the sentence to remove the period of closed and supervised custody and the final term of the probation order.
Appeal from denial of certiorari and habeas corpus dismissed as trial court had jurisdiction.
The appellant appealed from an order and judgment of the Superior Court of Justice.
The Court of Appeal held that the trial court had jurisdiction over the charges and that there was no basis for certiorari.
The court also dismissed the application for habeas corpus, finding it was an attempt to review the denial of bail, for which there was no basis to interfere.
The appeal was dismissed.
Appeal dismissed; error was within jurisdiction and not subject to certiorari.
The appellant appealed a ruling by Justice Archie G. Campbell.
The Court of Appeal dismissed the appeal, agreeing with the lower court that the error in question was within jurisdiction and therefore not subject to certiorari.
Appeal from dismissal of certiorari application regarding committal order dismissed.
The appellant appealed the dismissal of an application for certiorari regarding an order for committal.
The Court of Appeal found no error in the conclusion that the evidence supported the committal order and dismissed the appeal.