R. v. Gordon
Given the appellant's serious and extensive criminal record and his failure to take any meaningful steps to obtain treatment, the trial judge did not err in imposing sentence and the appellate court will not disturb that sentence.
Source-derived case information.
- Citation
- 2008 ONCA 454
- Parties
- Respondent: Her Majesty the Queen; Appellant: Allan Gordon
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 11 June 2008
- Procedural Posture
- Criminal / Appeal From Sentence
- Outcome
- Appeal dismissed
- Legal Topics
- Sentence Appeal, Criminal Record, Rehabilitation, Failure to Seek Treatment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Allan Gordon
Appellant
Procedural Posture
Criminal / Appeal From Sentence
Legal Issues
- 1 Whether the sentence was fit in light of the appellant's extensive criminal record
- 2 Whether the trial judge erred in principle in sentencing or failed to consider relevant factors such that appellate intervention was warranted
- 3 Whether the appellant's failure to pursue treatment affected the appropriateness of the sentence
Ratio Decidendi
Given the appellant's serious and extensive criminal record and his failure to take any meaningful steps to obtain treatment, the trial judge did not err in imposing sentence and the appellate court will not disturb that sentence.
Court Disposition
Appeal dismissed
Orders
- The appeal from sentence is dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Gordon Collection Decisions of the Court of Appeal Date 2008-06-11 Neutral citation 2008 ONCA 454 Docket numbers C48465 Judges Moldaver, Michael James; Simmons, Janet M.; Rouleau, Paul S. Subject Criminal Decision Content CITATION: R. v. Gordon, 2008 ONCA 454 DATE: 20080609 DOCKET: C48465 COURT OF APPEAL FOR ONTARIO MOLDAVER, SIMMONS and ROULEAU BETWEEN: HER MAJESTY THE QUEEN Respondent and ALLAN GORDON Appellant David Russell for the appellant Andreea Baiasu for the respondent Heard and endorsed: June 5, 2008 On appeal from sentence imposed by Justice Robert P. Main for the Ontario Court of Justice dated December 5, 2007. APPEAL BOOK ENDORSEMENT [1] Having regard to the appellant’s horrendous criminal record and the lack of any meaningful steps on his part to obtain treatment, we see no error in the sentence imposed by the trial judge. The appeal from sentence is dismissed.