R. v. Adams
The trial judge did not err in excluding the question because it lacked a basis to show witness motive and the convictions are supported by the evidence; however the sentencing judge erred by placing undue emphasis on general deterrence given the appellant's lack of record and mitigating circumstances, so the...
Source-derived case information.
- Citation
- C27308
- Parties
- Appellant: Derrick Josiah Adams; Respondent: Her Majesty the Queen
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 14 December 1998
- Procedural Posture
- Criminal / Appeal
- Outcome
- Appeal from convictions dismissed; appeal against sentence allowed in part.
- Legal Topics
- Evidence Admissibility, Witness Bias/motive, Convictions, General Deterrence, Suspended Sentence, Probation, Reduction to Time Served
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Derrick Josiah Adams
Appellant
Her Majesty the Queen
Respondent
Procedural Posture
Criminal / Appeal
Legal Issues
- 1 Whether the trial judge erred in refusing to permit a question designed to show a witness had a motive to favour the prosecution
- 2 Whether the convictions were unsupportable by the evidence and should be overturned
- 3 Whether the sentencing judge erred by undue emphasis on general deterrence and what the appropriate sentence should be
Ratio Decidendi
The trial judge did not err in excluding the question because it lacked a basis to show witness motive and the convictions are supported by the evidence; however the sentencing judge erred by placing undue emphasis on general deterrence given the appellant's lack of record and mitigating circumstances, so the sentence was varied to a suspended sentence with six months' probation and count 3 reduced to time served.
Court Disposition
Appeal from convictions dismissed; appeal against sentence allowed in part.
Orders
- Appeal from convictions dismissed.
- Leave to appeal sentence granted.
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Adams Collection Decisions of the Court of Appeal Date 1998-12-14 Docket numbers C27308 Judges Morden, John Wilson; Austin, Allan McNiece; Rosenberg, Marc Subject Criminal Decision Content DATE: 19981214 DOCKET: C27308 COURT OF APPEAL FOR ONTARIO RE: HER MAJESTY THE QUEEN (Respondent) v. DERRICK JOSIAH ADAMS (Applicant/Appellant) BEFORE: MORDEN A.C.J.O., AUSTIN and ROSENBERG JJ.A. COUNSEL: Anthony Moustacalis, for the appellant John North, for the respondent HEARD: December 4, 1998 E N D O R S E M E N T [1] The trial judge did not err in refusing to permit a question which, as framed, did not provide a basis for showing that the witness had a motive to favour the prosecution. He did not preclude questioning in related areas that might have had some probative value. We have not been persuaded that there is a basis for interfering with the convictions which, in our view, are supported by the evidence. [2] Accordingly, the appeal from convictions is dismissed. [3] With respect to sentence, we are of the view that the trial judge erred in principle and placed undue emphasis on general deterrence. This appellant had no prior record and, as found by the trial judge, the offence was out of character and there was no risk that the appellant would re-offend. The amount of drug involved was very small and there is absolutely nothing to suggest any kind of commercial endeavour. The appellant has been on bail now for over four years without incident. He has usually been either gainfully employed or attending school. In our view, these unusual circumstances warrant a suspended sentence. [4] Accordingly, leave to appeal sentence is granted, the appeal is allowed and the sentence on count number 1 is varied to a suspended sentence with six months' probation on the statutory terms. We see no need for any additional conditions. The sentence on count number 3 is reduced to time served.