R. v. McGonegal
Although the sentencing reasons were inadequate for not addressing some relevant factors (notably the guilty plea and rehabilitation), the Court concluded that the total sentences imposed were fit in all of the circumstances and the appeal was dismissed.
Source-derived case information.
- Citation
- 2007 ONCA 788
- Parties
- Respondent: HER MAJESTY THE QUEEN; Appellant: BRADLEY CARL MCGONEGAL
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 19 November 2007
- Procedural Posture
- Criminal / Appeal From Sentence
- Outcome
- Leave to appeal granted; appeal dismissed; total sentences affirmed.
- Legal Topics
- Appeal, Sentence Fitness, Rehabilitation, Guilty Plea, Reasons for Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
HER MAJESTY THE QUEEN
Respondent
BRADLEY CARL MCGONEGAL
Appellant
Procedural Posture
Criminal / Appeal From Sentence
Legal Issues
- 1 Adequacy of reasons for sentence
- 2 Whether the sentencing judge failed to consider the guilty plea and rehabilitative efforts
- 3 Whether the total sentence was fit
Ratio Decidendi
Although the sentencing reasons were inadequate for not addressing some relevant factors (notably the guilty plea and rehabilitation), the Court concluded that the total sentences imposed were fit in all of the circumstances and the appeal was dismissed.
Court Disposition
Leave to appeal granted; appeal dismissed; total sentences affirmed.
Orders
- Leave to appeal granted
- Appeal dismissed
Full Case Text
Judgment text and source record
1 paragraphs
R. v. McGonegal Collection Decisions of the Court of Appeal Date 2007-11-19 Neutral citation 2007 ONCA 788 Docket numbers C46829 Judges Doherty, David H.; Feldman, Kathryn N.; Armstrong, Robert Patrick Subject Criminal Decision Content CITATION: R. v. McGonegal, 2007 ONCA 788 DATE: 20071116 DOCKET: C46829 COURT OF APPEAL FOR ONTARIO DOHERTY, FELDMAN and ARMSTRONG JJ.A. BETWEEN: HER MAJESTY THE QUEEN Respondent and BRADLEY CARL MCGONEGAL Appellant Jeffrey Langevin for the appellant Deborah Krick for the respondent Heard: November 15, 2007 On appeal from the sentence imposed by Justice Fournier of the Ontario Court of Justice dated February 14, 2007. APPEAL BOOK ENDORSEMENT [1] The reasons for sentence are not helpful and do not address some of the factors (e.g. the guilty plea and the rehabilitative efforts of the appellant) that should have been addressed. In the end, however, we think that the total sentences imposed were fit in all of the circumstances. [2] We were pleased to hear that the appellant’s rehabilitation has moved forward and that he will be paroled in December. [3] Leave to appeal granted and the appeal is dismissed.