R. v. Fergus
The trial judge misapprehended uncontradicted psychiatric evidence and overstated the risk of drug use on a conditional sentence; given the appellant's severe trauma, ongoing psychiatric improvement while on bail, and the particular difficulty custody would pose, the appellate court allowed the appeal and reduced...
Source-derived case information.
- Citation
- C45153
- Parties
- Respondent: Her Majesty the Queen; Appellant: Angel Fergus
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 8 November 2006
- Procedural Posture
- Criminal Appeal / Appeal From Sentence; Decision on Appeal
- Outcome
- Appeal allowed in part; custodial sentence reduced to time served; probation order upheld.
- Legal Topics
- Assault, Break and Enter, Breach of Recognizance, Breach of Probation, Uttering Forged Documents, Sentencing Principles, Mental Disorder as Mitigation, Conditional Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Angel Fergus
Appellant
Procedural Posture
Criminal Appeal / Appeal From Sentence; Decision on Appeal
Legal Issues
- 1 Whether the trial judge misapprehended psychiatric evidence and overstated the risk of drug use on a conditional sentence
- 2 Whether a custodial sentence was appropriate given the appellant's traumatic background, mental health and progress under psychiatric care
- 3 Whether the appellate court should intervene and reduce the custodial component of the sentence
Ratio Decidendi
The trial judge misapprehended uncontradicted psychiatric evidence and overstated the risk of drug use on a conditional sentence; given the appellant's severe trauma, ongoing psychiatric improvement while on bail, and the particular difficulty custody would pose, the appellate court allowed the appeal and reduced the custodial sentence to time served while upholding the probation order.
Court Disposition
Appeal allowed in part; custodial sentence reduced to time served; probation order upheld.
Orders
- Custodial sentence reduced to time served (thirteen days)
- Probation order of three years to remain in force
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Fergus Collection Decisions of the Court of Appeal Date 2006-11-08 Docket numbers C45153 Judges O’Connor, Dennis; Rosenberg, Marc; Cronk, Eleanore Ann Subject Criminal Decision Content DATE: 20061108 DOCKET: C45153 COURT OF APPEAL FOR ONTARIO RE: HER MAJESTY THE QUEEN (Respondent) – and – ANGEL FERGUS (Appellant) BEFORE: O’CONNOR A.C.J.O., ROSENBERG and CRONK JJ.A. COUNSEL: James Foord for the appellant Amy Alyea for the respondent HEARD & RELEASED ORALLY: November 3, 2006 On appeal from sentence imposed by Justice Richard Lajoie of the Ontario Court of Justice dated March 24, 2006. ENDORSEMENT [1] The appellant was sentenced to three months jail and three years probation for assault, break and enter, breach of recognizance, breach of probation and uttering forged documents. [2] The appellant has an extremely traumatic background. She has been the repeated victim of serious violence that has led to profound mental health problems. These mental health problems underlie the commission of most of these offences. The appellant was, however, making significant progress because of the recent intervention of psychiatric help. [3] In our view, the trial judge misapprehended the evidence in that respect and also overstated the likelihood that the appellant would use drugs while on a conditional sentence. The uncontradicted evidence of her psychiatrist indicates that a custodial sentence would be particularly difficult for this appellant. The appellant’s progress has continued while she was been on bail pending appeal for seven months with conditions akin to house arrest. Given the trial judge’s misapprehension of the evidence, it is open to this court to intervene. [4] Accordingly the appeal is allowed and the custodial sentence is reduced to time served [thirteen days]. The probation order imposed by the trial judge will stand. Signed: “Dennis O’Connor A.C.J.O.” “M. Rosenberg J.A.” “E.A. Cronk J.A.”