R. v. Cagnotti
The trial judge did not err in rejecting the joint submission because he gave counsel fair notice and provided reasons that the proposed sentence would be contrary to the public interest and administration of justice; the imposed effective sentence of 18 months was fit given the appellant's pattern of deceit and...
Source-derived case information.
- Citation
- 2009 ONCA 210
- Parties
- Respondent: Her Majesty the Queen; Appellant: Enrico Cagnotti
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 6 March 2009
- Procedural Posture
- Criminal / Appeal From Sentence
- Outcome
- Leave to appeal sentence granted; appeal dismissed; sentence of 18 months upheld.
- Legal Topics
- Sentencing, Appeal, Joint Submission on Sentence, Credit for Time Served, Public Interest, Administration of Justice, Fraud, Breach of Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Enrico Cagnotti
Appellant
Procedural Posture
Criminal / Appeal From Sentence
Legal Issues
- 1 Whether the trial judge erred in rejecting a joint submission on sentence
- 2 Whether the sentence imposed was fit and demonstrably unfit
- 3 Whether the appellant was entitled to the sentence proposed in the joint submission
Ratio Decidendi
The trial judge did not err in rejecting the joint submission because he gave counsel fair notice and provided reasons that the proposed sentence would be contrary to the public interest and administration of justice; the imposed effective sentence of 18 months was fit given the appellant's pattern of deceit and disrespect for court orders.
Court Disposition
Leave to appeal sentence granted; appeal dismissed; sentence of 18 months upheld.
Orders
- Leave to appeal sentence granted
- Appeal dismissed
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Cagnotti Collection Decisions of the Court of Appeal Date 2009-03-06 Neutral citation 2009 ONCA 210 Docket numbers C49854 Judges Laskin, John Ivan; Blair, Robert Ashley; Watt, David Subject Criminal Decision Content CITATION: R. v. Cagnotti, 2009 ONCA 210 DATE: 20090306 DOCKET: C49854 COURT OF APPEAL FOR ONTARIO Laskin, Blair and Watt JJ.A. BETWEEN Her Majesty the Queen Respondent and Enrico Cagnotti Appellant David W. Russell, for the appellant Karen Papadopoulos, for the respondent Heard: March 5, 2009 On appeal from the sentence imposed on November 18, 2008 by Justice George J. Brophy of the Ontario Court of Justice. APPEAL BOOK ENDORSEMENT [1] Mr. Cagnotti appeals an effective sentence of 18 months, taking into account credit for time served. Even accepting that the position of the Crown and defence amounted to a joint submission, the trial judge was justified in rejecting it and imposing a higher sentence. He gave counsel fair notice that he might do so, and he gave reasons why even the sentence suggested by the Crown was contrary to the public interest and the administration of justice. [2] The appellant is an incorrigible con-man who seeks to victimize women for financial gain, and who shows no respect for court orders. We are satisfied that the sentence is fit. [3] Accordingly, although leave to appeal sentence is granted, the appeal is dismissed.