R. v. Amuta
The sentence was upheld because the offence's gravity and the offender's moral blameworthiness—supplying alcohol to a 16‑year‑old CAS ward and engaging in sexual intercourse despite her protests while abusing his position—outweighed remorse and restorative considerations, rendering a custodial sentence of two years...
Source-derived case information.
- Citation
- C43396
- Parties
- Appellant: Cylne Chidozie Amuta; Respondent: Her Majesty the Queen
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 7 March 2006
- Procedural Posture
- Criminal Appeal / Appeal From Sentence
- Outcome
- Leave to appeal sentence granted; appeal as to sentence dismissed
- Legal Topics
- Conditional Sentence, Moral Blameworthiness, Abuse of Position of Authority, Supply of Alcohol to Minor, Weight of Remorse
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cylne Chidozie Amuta
Appellant
Her Majesty the Queen
Respondent
Procedural Posture
Criminal Appeal / Appeal From Sentence
Legal Issues
- 1 Whether the conditional sentence was appropriate
- 2 Proper weight to give to remorse
- 3 Whether gravity and moral blameworthiness required custodial sentence
Ratio Decidendi
The sentence was upheld because the offence's gravity and the offender's moral blameworthiness—supplying alcohol to a 16‑year‑old CAS ward and engaging in sexual intercourse despite her protests while abusing his position—outweighed remorse and restorative considerations, rendering a custodial sentence of two years less a day fit.
Court Disposition
Leave to appeal sentence granted; appeal as to sentence dismissed
Orders
- Leave to appeal sentence granted
- Appeal dismissed and original sentence of two years less a day imprisonment affirmed
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Amuta Collection Decisions of the Court of Appeal Date 2006-03-07 Docket numbers C43396 Judges Weiler, Karen Merle Magnuson; Armstrong, Robert Patrick; Juriansz, Russell G. Subject Criminal Decision Content DATE: 20060303 DOCKET: C43396 COURT OF APPEAL FOR ONTARIO RE: HER MAJESTY THE QUEEN (Respondent) – and – CYLNE CHIDOZIE AMUTA (Appellant) BEFORE: WEILER, ARMSTRONG and JURIANSZ JJ.A. COUNSEL: Heather Pringle for the appellant Tracey Stapleton for the respondent HEARD & ENDORSED: March 3, 2006 On appeal from the sentence imposed on August 27, 2004 by Justice Barry G. A. MacDougall of the Superior Court of Justice, sitting with a jury. APPEAL BOOK ENDORSEMENT [1] Having regard to the gravity of the offence and the moral blameworthiness of the offender in that he both supplied alcohol to the sixteen year old CAS ward he was hired to protect and abused his position of authority by engaging in full sexual intercourse with her in her room despite her protests, the sentence was fit. Although the appellant expressed remorse at the sentencing hearing, and this factor weighed in favour of the restorative objective of a conditional sentence, it was not so important as to outweigh the other sentencing principles requiring a two year less day sentence of incarceration. According while leave to appeal sentence is granted, appeal as to sentence is dismissed.