R. v. Gordon
Fresh, credible and material evidence of the appellant's exceptional institutional conduct and viable post-release living arrangements warranted intervention by the appellate court to reduce the sentence to time served while leaving the probation order intact.
Source-derived case information.
- Citation
- 2010 ONCA 880
- Parties
- Respondent: Her Majesty the Queen; Appellant: Denise Gordon
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 20 December 2010
- Procedural Posture
- Criminal / Appeal From Sentence (court of Appeal Decision)
- Outcome
- Appeal allowed in part; sentence reduced to time served; probation order remains in place
- Legal Topics
- Sentence Reduction, Fresh Evidence, Probation Order, Time Served
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Denise Gordon
Appellant
Procedural Posture
Criminal / Appeal From Sentence (court of Appeal Decision)
Legal Issues
- 1 Whether the sentence should be varied on appeal
- 2 Whether fresh evidence justified a reduction of the sentence
- 3 Whether the probation order should remain in force
Ratio Decidendi
Fresh, credible and material evidence of the appellant's exceptional institutional conduct and viable post-release living arrangements warranted intervention by the appellate court to reduce the sentence to time served while leaving the probation order intact.
Court Disposition
Appeal allowed in part; sentence reduced to time served; probation order remains in place
Orders
- Allow the appeal and reduce the sentence to time served
- Probation order to remain in place
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Gordon Collection Decisions of the Court of Appeal Date 2010-12-20 Neutral citation 2010 ONCA 880 Docket numbers C52638 Judges MacPherson, James C.; Simmons, Janet M.; Gillese, Eileen E. Subject Criminal Decision Content CITATION: R. v. Gordon, 2010 ONCA 880 DATE: 20101220 DOCKET: C52638 COURT OF APPEAL FOR ONTARIO MacPherson, Simons and Gillese JJ.A. BETWEEN Her Majesty the Queen Respondent and Denise Gordon Appellant Julie Santarossa, for the appellant Riun Shandler, for the respondent Heard: December 17, 2010 On appeal from the sentence imposed on June 11, 2010, by Justice Roland J. Haines of the Superior Court of Justice, sitting without a jury. APPEAL BOOK ENDORSEMENT [1] We see no basis for interfering with the sentence imposed. [2] However, on the basis of the fresh evidence offered by way of oral submissions by counsel today – which confirms the appellant’s excellent performance in the Vanier institution and her proposed living arrangements with her 7-year old son and her cousin – we would allow the appeal and reduce the sentence to time served. The probation order remains in place.