R. v. Francis
There was no joint submission and the trial judge validly rejected the Crown's submission to protect the community; therefore the sentence was not unfit and the appeal must be dismissed.
Source-derived case information.
- Citation
- C44050
- Parties
- Respondent: Her Majesty the Queen; Appellant: Garfield Francis
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 10 November 2005
- Procedural Posture
- Criminal / Appeal From Conviction and Sentence
- Outcome
- Leave to appeal granted; sentence appeal dismissed.
- Legal Topics
- Sentencing, Joint Submission, Appellate Review, Community Protection
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Garfield Francis
Appellant
Procedural Posture
Criminal / Appeal From Conviction and Sentence
Legal Issues
- 1 Whether there was a joint submission at trial
- 2 Whether the trial judge erred in rejecting the Crown's submission
- 3 Whether the sentence imposed was unfit
Ratio Decidendi
There was no joint submission and the trial judge validly rejected the Crown's submission to protect the community; therefore the sentence was not unfit and the appeal must be dismissed.
Court Disposition
Leave to appeal granted; sentence appeal dismissed.
Orders
- Leave to appeal granted
- Sentence appeal dismissed
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Francis Collection Decisions of the Court of Appeal Date 2005-11-10 Docket numbers C44050 Judges Goudge, Stephen Thomas; Simmons, Janet M.; Rouleau, Paul S. Subject Criminal Decision Content DATE: 20051110 DOCKET: C44050 COURT OF APPEAL FOR ONTARIO RE: HER MAJESTY THE QUEEN (Respondent) – and – GARFIELD FRANCIS (Appellant) BEFORE: GOUDGE, SIMMONS and ROULEAU JJ.A. COUNSEL: Terry P. Waltenbury for the appellant Tracy Stapleton for the respondent HEARD & ENDORSED: November 8, 2005 On appeal from the conviction by Justice W. Guy Mahaffy of the Ontario Court of Justice dated May 11, 2005 and from the sentence imposed dated May 11, 2005. APPEAL BOOK ENDORSEMENT [1] In our view there was no joint submission at trial nor did the trial judge regard it as such. The trial judge had ample basis for rejecting the Crown’s submission in order to protect the community. In our view the sentence cannot be said to be unfit. Leave to appeal granted. Sentence appeal dismissed.