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R. v. Magee 2005 OCA mini 112

February 10, 2005|Cited 1x

R. v. Magee 2005 OCA mini 112

Case Summary

The appellant's appeal was dismissed as abandoned by the Court of Appeal for Ontario.

DATE: 20050210

DOCKET: C42096

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) v. CHRISTIAN MAGEE (Appellant)

BEFORE:

McMURTRY C.J.O., DOHERTY AND MacFARLAND JJ.A.

COUNSEL:

Daniel Brodsky

Amicus Curiae

Erika Chozik

for the respondent

HEARD & ENDORSED:

February 10, 2005

A P P E A L B O O K E N D O R S E M E N T

1The appeal is dismissed as abandoned.

Cited By (1 case)

SCJSuperior Court of JusticeMay 17, 2019

Superior Court of Justice

Superior Court of Justice

The offender was sentenced to 42 months imprisonment for the sexual assault and unlawful confinement of his tenant.

B.Z. was found guilty by a jury of sexual assault and unlawful confinement.

The court considered aggravating factors, including the violent nature of the assault, non-consensual vaginal penetration, and the victim's emotional trauma, and mitigating factors, such as the offender's lack of prior criminal record and educational background.

The court rejected the defense's submission for a lower sentence and the request to stay the forcible confinement conviction based on the Kienapple principle, finding the acts distinct.

A sentence of 42 months concurrent for both convictions was imposed, along with mandatory ancillary orders, but restitution was denied due to insufficient evidence of the precise amount.

R. v. B.Z., 2019 ONSC 2375

Showing 1 of 1 citing case