R. v. Suntok
The appellate court concluded that, given the seriousness of the offence, a ten-year prohibition under s.110 was appropriate and that the lifetime ban under s.109 should be struck; accordingly the lifetime s.110 prohibition was varied to ten years and the appeal was allowed.
Source-derived case information.
- Citation
- 2011 ONCA 733
- Parties
- Respondent: Her Majesty the Queen; Appellant: David Suntok
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 22 November 2011
- Procedural Posture
- Criminal Sentence Appeal / Appeal From Sentence Imposed by Ontario Court of Justice
- Outcome
- Appeal allowed; lifetime ban under s.109 struck; lifetime ban under s.110 varied to 10 years.
- Legal Topics
- Firearm Prohibition, Section 109, Section 110, Joint Submission, Sentence Variation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
David Suntok
Appellant
Procedural Posture
Criminal Sentence Appeal / Appeal From Sentence Imposed by Ontario Court of Justice
Legal Issues
- 1 Whether lifetime weapons prohibition under s.109 was appropriate
- 2 Whether lifetime weapons prohibition under s.110 was appropriate and if it should be reduced to a finite term
- 3 Whether any joint submission constrained the court on the duration of the weapon prohibition
Ratio Decidendi
The appellate court concluded that, given the seriousness of the offence, a ten-year prohibition under s.110 was appropriate and that the lifetime ban under s.109 should be struck; accordingly the lifetime s.110 prohibition was varied to ten years and the appeal was allowed.
Court Disposition
Appeal allowed; lifetime ban under s.109 struck; lifetime ban under s.110 varied to 10 years.
Orders
- Appeal allowed
- Strike lifetime weapons prohibition under s.109
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Suntok Collection Decisions of the Court of Appeal Date 2011-11-22 Neutral citation 2011 ONCA 733 Docket numbers C51478 Judges Doherty, David H.; Rosenberg, Marc; Juriansz, Russell G. Subject Criminal Decision Content CITATION: R. v. Suntok, 2011 ONCA 733 DATE: 20111122 DOCKET: C51478 COURT OF APPEAL FOR ONTARIO Doherty, Rosenberg and Juriansz JJ.A. BETWEEN Her Majesty the Queen Respondent and David Suntok Appellant Gregory J. Worobec, for the appellant Peter Scrutton, for the respondent Heard: November 21, 2011 On appeal from the sentence imposed on December 5, 2005 by Justice P.R. Currie of the Ontario Court of Justice. APPEAL BOOK ENDORSEMENT [1] Even assuming there was no joint submission with respect to a weapon prohibition, we are satisfied that a ten-year prohibition under s. 110 is appropriate given the serious circumstances of the offence. [2] The lifetime ban under s. 109 is struck. The lifetime ban under s. 110 is varied to 10 years. [3] Appeal allowed per this endorsement.