R. v. Blackwood
The appeal was dismissed because the sentencing judge was entitled to treat the case as calling for the maximum penalty for illegal entry given the appellant's pattern of offences and succession of illegal entries; although clearer articulation of pretrial custody credit would have been preferable, the total...
Source-derived case information.
- Citation
- C43037
- Parties
- Appellant: Dewitt Blackwood; Respondent: Her Majesty the Queen
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 30 June 2005
- Procedural Posture
- Criminal Appeal Against Sentence / Court of Appeal Decision on Appeal From Sentencing by Ontario Court of Justice
- Outcome
- Leave to appeal against sentence granted; appeal dismissed and original sentence upheld
- Legal Topics
- Illegal Entry, Pretrial Custody Credit, Maximum Penalty, Pattern of Offences, Fitness of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dewitt Blackwood
Appellant
Her Majesty the Queen
Respondent
Procedural Posture
Criminal Appeal Against Sentence / Court of Appeal Decision on Appeal From Sentencing by Ontario Court of Justice
Legal Issues
- 1 Whether the sentence imposed was fit
- 2 Whether the sentencing judge properly credited pretrial custody
- 3 Whether the sentencing judge could impose the maximum penalty for illegal entry given the appellant's pattern of offences
Ratio Decidendi
The appeal was dismissed because the sentencing judge was entitled to treat the case as calling for the maximum penalty for illegal entry given the appellant's pattern of offences and succession of illegal entries; although clearer articulation of pretrial custody credit would have been preferable, the total sentence imposed was fit and required no interference.
Court Disposition
Leave to appeal against sentence granted; appeal dismissed and original sentence upheld
Orders
- Leave to appeal against sentence granted
- Appeal dismissed; sentence upheld
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Blackwood Collection Decisions of the Court of Appeal Date 2005-06-30 Docket numbers C43037 Judges Catzman, Marvin Adrian; Simmons, Janet M.; Blair, Robert Ashley Subject Criminal Decision Content DATE: 20050630 DOCKET: C43037 COURT OF APPEAL FOR ONTARIO RE: HER MAJESTY THE QUEEN –and- DEWITT BLACKWOOD BEFORE: CATZMAN, SIMMONS and BLAIR JJ.A. COUNSEL: Joseph Wilkinson for the appellant Nick Devlin and Ruth McGuirl for the respondent HEARD AND ENDORSED: June 29, 2005 On appeal from the sentence imposed by Justice Edward Ormston of the Ontario Court of Justice on September 2, 2004. APPEAL BOOK ENDORSEMENT [1] We would grant leave to appeal against sentence but would dismiss the appeal. The sentencing judge was entitled to treat this as a case calling for the maximum penalty on the illegal entry offence given the pattern of the appellant’s crimes and association with a succession of illegal entries, quite apart from his consideration of the other offences for which the appellant was before the court. [2] While it would have been preferable had the sentencing judge clearly enunciated the credit that he was giving for pretrial custody, we are satisfied that the total sentence imposed was fit. [3] The appeal is dismissed.