Michael S. Mandelcorn

The appellant appealed the sentence imposed by the Ontario Court of Justice.

The Court of Appeal found no error in principle and held that the sentence was fit.

Leave to appeal sentence was granted, but the appeal was dismissed.

The appellant appealed his indeterminate sentence following a dangerous offender declaration for convictions of sexual interference and invitation to sexual touching.

The sentencing judge had not considered whether the appellant met the criteria for a long-term offender designation, as the sentencing pre-dated the Supreme Court's decision in Johnson.

The Court of Appeal allowed the appeal and ordered a new sentencing hearing, finding that it was not one of the rare cases where there was no reasonable possibility of a different sentence had the long-term offender provisions been considered.

The appellants were convicted of possession of heroin and marihuana for the purpose of trafficking after drugs were found during a warrantless search of a family-visit trailer at Collins Bay Penitentiary.

They appealed, arguing the search violated their s. 8 Charter rights, the proceedings were unreasonably delayed, and lost videotape evidence impaired their defence.

The Court of Appeal dismissed the appeals, finding that the family-visit trailer constituted a 'cell' under the Corrections and Conditional Release Act, making the warrantless search lawful.

The court also rejected the delay and lost evidence arguments, and upheld the sentence imposed on the appellant husband.

The appellant sought leave to appeal sentence for a very serious aggravated assault, arguing the sentence was excessive, that insufficient weight was given to the absence of prior incarceration, and that the delayed parole eligibility order was unwarranted.

The court held that long-term incarceration for public protection was the only realistic option in light of the appellant’s major mental disorder, violent record, and limited rehabilitative prospects.

Although the trial judge was mistaken about the maximum sentence for aggravated assault, the Court of Appeal found no error in principle and no clearly excessive sentence.

Leave to appeal was granted, but the sentence appeal was dismissed, including the order delaying parole eligibility until half the sentence had been served.