R. v. Schrader
Leave to appeal the sentence was dismissed because the appellant's lengthy criminal record and the demonstrated real risk of re-offending made him ineligible for a conditional sentence and there was no merit to the sentence appeal.
Source-derived case information.
- Citation
- 2001 NSCA 186
- Parties
- Appellant: Anthony Blaine Schrader; Respondent: Her Majesty the Queen
- Court
- Nova Scotia Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 15 March 2001
- Procedural Posture
- Criminal Appeal / Application for Leave to Appeal Sentence (dismissed)
- Outcome
- application for leave to appeal sentence dismissed
- Legal Topics
- Fraud by Cheque, Conditional Sentence Ineligibility, Recidivism, Leave to Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Anthony Blaine Schrader
Appellant
Her Majesty the Queen
Respondent
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Sentence (dismissed)
Legal Issues
- 1 Whether the two month sentence on two counts of fraud was demonstrably unfit
- 2 Whether the appellant was eligible for a conditional sentence given risk of re-offending
- 3 Whether leave to appeal sentence should be granted
Ratio Decidendi
Leave to appeal the sentence was dismissed because the appellant's lengthy criminal record and the demonstrated real risk of re-offending made him ineligible for a conditional sentence and there was no merit to the sentence appeal.
Court Disposition
application for leave to appeal sentence dismissed
Orders
- Application for leave to appeal sentence dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Schrader Court Court of Appeal Date 2001-03-15 Citation 2001 NSCA 186 Docket CAC 165942 Judge/Registrar/Adjudicator Cromwell, Thomas A. (Honourable Justice); Flinn, Edward J. (Honourable Justice); Bateman, Nancy J. (Honourable Justice) (CA) Document Type Decision Relations See also - R. v. Schrader - 2001 NSCA 20 - 2001-01-30 - Decision Decision Content Date: 20010315 Docket: CAC 165942 NOVA SCOTIA COURT OF APPEAL [Cite as: R. v. Schrader, 2001 NSCA 186] Bateman, Flinn and Cromwell, JJ.A. BETWEEN: ANTHONY BLAINE SCHRADER Appellant - and - HER MAJESTY THE QUEEN Respondent ADDENDUM TO REASONS FOR JUDGMENT Counsel: Jean C. Morris for the appellant Dana W. Giovannetti, Q.C. for the respondent Appeal Heard: January 30, 2001 Judgment Delivered: March 15, 2001 THE COURT: Application for leave to appeal sentence is dismissed. THE COURT: [1] In our reasons for judgment delivered on January 30th, 2001, we neglected to address the appellant’s application for leave to appeal his two month sentence on two counts of fraud. Both counts relate to obtaining goods by writing cheques for which there were not sufficient funds. The amounts were $243 and $287.84 respectively. [2] The appellant has a lengthy criminal record including convictions for theft, attempted theft and fraud. There is a real risk that Mr. Schrader will re-offend making him ineligible for a conditional sentence: see R. v. Proulx, [2000] 1 S.C.R. 61 at § 69. [3] We see no merit in the sentence appeal and accordingly the application for leave to appeal sentence is dismissed. Bateman, J.A. Flinn, J.A. Cromwell, J.A.