R. v. Dieckmann

R. v. Dieckmann

Court dismissed conviction appeals and upheld sentences: pre-Jordan delay was justified by parties' reasonable reliance on prior law and case complexity; trial judge's evidentiary rulings and jury instructions did not produce a miscarriage of justice; trial judge had statutory discretion under s.462.37 to impose and quantify a fine in lieu of forfeiture and her allocation was not overturned; Salmon's custodial sentence and Dieckmann's four-year term were appropriate.

Citation
2017 ONCA 575
Parties
Respondent (applicant/appellant on Crown Appeal From Sentence): Her Majesty the Queen; Appellant (respondent on Crown Appeal From Sentence): Deborah Dieckmann; Appellant (respondent on Crown Appeal From Sentence): George Salmon
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
4 July 2017
Procedural Posture
Criminal / Appeal From Conviction and Sentence (court of Appeal)
Outcome
Conviction appeals dismissed; leave to appeal sentence granted but sentence appeals dismissed; fines in lieu of forfeiture upheld as exercised within discretion
Legal Topics
Delay Under S.11(b) (jordan Framework), Issue Estoppel, Co Conspirator Hearsay Exception, Aiding and Abetting, Forfeiture and Fine in Lieu (s.462.37 Criminal Code), Disclosure and Electronic Discovery, Browne V. Dunn Rule
Source Language
English
Criminal Law Evidence Sentencing Charter Law Delay Under S.11(b) (jordan Framework) Issue Estoppel Co Conspirator Hearsay Exception Aiding and Abetting +3 more

Case Brief

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Parties

Her Majesty the Queen

Respondent (applicant/appellant on Crown Appeal From Sentence)

Deborah Dieckmann

Appellant (respondent on Crown Appeal From Sentence)

George Salmon

Appellant (respondent on Crown Appeal From Sentence)

Procedural Posture

Criminal / Appeal From Conviction and Sentence (court of Appeal)

Legal Issues

  1. 1 Whether delay violated s.11(b) and whether transitional exceptional circumstances justified pre-Jordan reliance
  2. 2 Whether a civil consent judgment gave rise to issue estoppel in the criminal proceedings
  3. 3 Whether trial judge's review of evidence and jury instructions constituted reversible misdirection

Ratio Decidendi

Court dismissed conviction appeals and upheld sentences: pre-Jordan delay was justified by parties' reasonable reliance on prior law and case complexity; trial judge's evidentiary rulings and jury instructions did not produce a miscarriage of justice; trial judge had statutory discretion under s.462.37 to impose and quantify a fine in lieu of forfeiture and her allocation was not overturned; Salmon's custodial sentence and Dieckmann's four-year term were appropriate.

Court Disposition

Conviction appeals dismissed; leave to appeal sentence granted but sentence appeals dismissed; fines in lieu of forfeiture upheld as exercised within discretion

Orders

  • Conviction appeals dismissed
  • Sentences affirmed (Dieckmann: 4 years; Salmon: 2 years less one day)