R. v. Labadie
The court accepted the Crown's concession that condition r(8) was not a reasonable probation condition and accordingly granted leave to appeal sentence, allowed the appeal and deleted condition r(8) of the probation order.
Source-derived case information.
- Citation
- C42228
- Parties
- Appellant: Bradley Labadie; Respondent: Her Majesty the Queen
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 13 May 2005
- Procedural Posture
- Criminal Appeal From Sentence / Court of Appeal Judgment on Appeal From Sentence
- Outcome
- Appeal allowed; leave to appeal sentence granted; probation condition r(8) deleted
- Legal Topics
- Reasonableness of Probation Condition, Appeal of Sentence, Deletion of Probation Condition
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bradley Labadie
Appellant
Her Majesty the Queen
Respondent
Procedural Posture
Criminal Appeal From Sentence / Court of Appeal Judgment on Appeal From Sentence
Legal Issues
- 1 Whether probation condition r(8) was a reasonable condition of probation
- 2 Whether leave to appeal sentence should be granted to permit deletion of condition r(8)
Ratio Decidendi
The court accepted the Crown's concession that condition r(8) was not a reasonable probation condition and accordingly granted leave to appeal sentence, allowed the appeal and deleted condition r(8) of the probation order.
Court Disposition
Appeal allowed; leave to appeal sentence granted; probation condition r(8) deleted
Orders
- Leave to appeal sentence granted
- Appeal allowed
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Labadie Collection Decisions of the Court of Appeal Date 2005-05-13 Docket numbers C42228 Judges Rosenberg, Marc; Blair, Robert Ashley; Juriansz, Russell G. Subject Criminal Decision Content DATE: 20050513 DOCKET: C42228 COURT OF APPEAL FOR ONTARIO RE: HER MAJESTY THE QUEEN (Respondent) – and – BRADLEY LABADIE (Appellant) BEFORE: ROSENBERG, BLAIR and JURIANSZ JJ.A. COUNSEL: Timothy E. Breen for the appellant Paul G. McDermott for the respondent HEARD & ENDORSED: May 12, 2005 On appeal from sentence imposed by Justice J. Robert MacKinnon of the Superior Court of Justice dated June 9, 2004. APPEAL BOOK ENDORSEMENT [1] We agree with the concession of Crown counsel that condition r(8) of the probation order is not a reasonable condition of probation and should be deleted. Accordingly, leave to appeal sentence is granted and the appeal is allowed and condition r(8) of the probation order is deleted.