R. v. Lacasse
The trial judge properly assessed the evidence, reasonably preferred the Crown's account without reversing the burden of proof, and provided full reasons for refusing a conditional sentence; accordingly the convictions stand and the sentence is upheld.
Source-derived case information.
- Citation
- 2007 ONCA 363
- Parties
- Respondent: HER MAJESTY THE QUEEN; Appellant: DENNIS LACASSE
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 14 May 2007
- Procedural Posture
- Criminal / Appeal From Superior Court Conviction and Sentence to Court of Appeal
- Outcome
- Appeal from conviction dismissed; leave to appeal from sentence granted but appeal from sentence dismissed.
- Legal Topics
- Appeal, Conviction, Sentencing, Conditional Sentence, Appellate Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
HER MAJESTY THE QUEEN
Respondent
DENNIS LACASSE
Appellant
Procedural Posture
Criminal / Appeal From Superior Court Conviction and Sentence to Court of Appeal
Legal Issues
- 1 Whether the trial judge erred in her appreciation of the evidence or reversed the burden of proof
- 2 Whether the trial judge erred in refusing to impose a conditional sentence
Ratio Decidendi
The trial judge properly assessed the evidence, reasonably preferred the Crown's account without reversing the burden of proof, and provided full reasons for refusing a conditional sentence; accordingly the convictions stand and the sentence is upheld.
Court Disposition
Appeal from conviction dismissed; leave to appeal from sentence granted but appeal from sentence dismissed.
Orders
- Appeal from conviction dismissed.
- Leave to appeal from sentence granted.
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Lacasse Collection Decisions of the Court of Appeal Date 2007-05-14 Neutral citation 2007 ONCA 363 Docket numbers C44765 Judges Rosenberg, Marc; Simmons, Janet M.; Armstrong, Robert Patrick Subject Criminal Decision Content CITATION: R. v. Lacasse, 2007 ONCA 363 DATE: 20070514 DOCKET: C44765 COURT OF APPEAL FOR ONTARIO ROSENBERG, SIMMONS and ARMSTRONG JJ.A. BETWEEN: HER MAJESTY THE QUEEN Respondent And DENNIS LACASSE Appellant Joseph Wilkinson for the appellant Alex Alvaro for the respondent Heard and endorsed: May 10, 2007 On appeal from conviction by Justice Gladys Pardu of the Superior Court of Justice dated November 17, 2005 and sentence imposed January 17, 2006. APPEAL BOOK ENDORSEMENT [1] As to conviction, in our view, the trial judge did not err in her appreciation of, or approach, to the evidence. The trial judge was entitled to focus on the three specific incidents. She reviewed that evidence and was satisfied that the Crown’s version was correct and the defence version was incredible. We see no error in her understanding of that evidence nor did she reverse the burden of proof. [2] As to sentence, the trial judge gave full and complete reasons for not imposing a conditional sentence. We agree entirely with those reasons. [3] Accordingly, appeal from conviction is dismissed. Leave to appeal from sentence is granted, but the appeal is dismissed.