R. v. Legere
The Court deferred to the trial judge's acceptance of a joint submission by experienced counsel and concluded that, when balancing the appellant's mitigating factors against the serious aggravating factor of introducing narcotics into a penitentiary, the 18-month conditional sentence was not demonstrably unfit;...
Source-derived case information.
- Citation
- C41235
- Parties
- Respondent: Her Majesty the Queen; Appellant: Gwendolyn Anne Legere
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 13 May 2004
- Procedural Posture
- Criminal / Court of Appeal Hearing on Sentence Appeal (leave to Appeal Granted; Appeal Determined on Merits)
- Outcome
- Leave to appeal granted; appeal dismissed
- Legal Topics
- Conditional Sentence, Joint Submission on Sentence, Aggravating Factors, Introduction of Narcotics Into Penitentiary
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Gwendolyn Anne Legere
Appellant
Procedural Posture
Criminal / Court of Appeal Hearing on Sentence Appeal (leave to Appeal Granted; Appeal Determined on Merits)
Legal Issues
- 1 Whether the trial judge erred in principle by accepting a joint submission on sentence
- 2 Whether the 18-month conditional sentence was demonstrably unfit
- 3 Whether the offence of introducing narcotics into a penitentiary is a serious aggravating factor affecting appropriate sentencing
Ratio Decidendi
The Court deferred to the trial judge's acceptance of a joint submission by experienced counsel and concluded that, when balancing the appellant's mitigating factors against the serious aggravating factor of introducing narcotics into a penitentiary, the 18-month conditional sentence was not demonstrably unfit; accordingly the appeal was dismissed.
Court Disposition
Leave to appeal granted; appeal dismissed
Orders
- Appeal dismissed
- Original sentence of an 18-month conditional sentence upheld
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Legere Collection Decisions of the Court of Appeal Date 2004-05-13 Docket numbers C41235 Judges Borins, Stephen; Sharpe, Robert J.; Juriansz, Russell G. Subject Criminal Decision Content DATE: 20040513 DOCKET: C41235 COURT OF APPEAL FOR ONTARIO RE: HER MAJESTY THE QUEEN (Respondent) v. GWENDOLYN ANNE LEGERE (Appellant) BEFORE: BORINS, SHARPE and JURIANSZ JJ.A. COUNSEL: Brian Snell for the appellant Marco Mendicino for the respondent HEARD: May 11, 2004 RELEASED ORALLY: May 11, 2004 On appeal from the sentence imposed by Justice J.D. Evans of the Ontario Court of Justice, dated December 22, 2003. ENDORSEMENT [1] Despite Mr. Snell’s very capable argument, we are not persuaded that the trial judge erred in principle by accepting the joint submission of the parties and imposing an 18 month conditional sentence. While there were many mitigating factors favouring the appellant, including her unblemished past, co-operation and remorse, the offence concerned the introduction of narcotics into a penitentiary, a serious aggravating factor. Taking into account all factors, in particular, the fact that the trial judge was presented with a joint submission recommended by experienced counsel, the sentence was not demonstrably unfit. Accordingly, leave to appeal is granted but the appeal is dismissed. “S. Borins J.A.” “Robert J. Sharpe J.A.” “R.G. Juriansz J.A.”