R. v. R., E.
The Court dismissed the appeal, finding no misapprehension of evidence by the trial judge and no error of principle in the sentence; leave to appeal sentence was granted but the sentence appeal was dismissed.
Source-derived case information.
- Citation
- C37928
- Parties
- Appellant: E.R.; Respondent: Her Majesty the Queen
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 15 January 2004
- Procedural Posture
- Criminal / Appeal From Conviction and Sentence
- Outcome
- Appeal dismissed as to conviction; leave to appeal sentence granted but sentence appeal dismissed.
- Legal Topics
- Appeal Against Conviction, Sentence Review, Standard of Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
E.R.
Appellant
Her Majesty the Queen
Respondent
Procedural Posture
Criminal / Appeal From Conviction and Sentence
Legal Issues
- 1 Whether the trial judge misapprehended the evidence leading to wrongful conviction
- 2 Whether the sentence imposed involved an error of principle
Ratio Decidendi
The Court dismissed the appeal, finding no misapprehension of evidence by the trial judge and no error of principle in the sentence; leave to appeal sentence was granted but the sentence appeal was dismissed.
Court Disposition
Appeal dismissed as to conviction; leave to appeal sentence granted but sentence appeal dismissed.
Orders
- Appeal against conviction dismissed
- Leave to appeal sentence granted
Full Case Text
Judgment text and source record
1 paragraphs
R. v. R., E. Collection Decisions of the Court of Appeal Date 2004-01-15 Docket numbers C37928 Judges McMurtry, Roy; Abella, Rosalie Silberman; Blair, Robert Ashley Subject Criminal Decision Content DATE: 20040115 DOCKET: C37928 COURT OF APPEAL FOR ONTARIO RE: HER MAJESTY THE QUEEN (Respondent) v. E.R. (Appellant) BEFORE: McMURTRY C.J.O., ABELLA AND BLAIR JJ.A. COUNSEL: Christopher Hicks for the appellant Karey Katzch for the respondent HEARD & ENDORSED: January 15, 2004 On appeal from the conviction dated January 23, 2002 and the sentence dated February 18, 2002 imposed by Justice Lack. APPEAL BOOK ENDORSEMENT [1] In our view, the thorough reasons of the trial judge revealed no misapprehension of the relevant evidence and we do not find any reason to interfere with her conclusions. [2] The appeal as to conviction is therefore dismissed. [3] With respect to sentence, we find no error of principle in relation to the sentence imposed. [4] Leave to appeal sentence is granted but the appeal as against sentence is dismissed.