R. v. Gauthier
Even if the trial judge erred in weighing the guilty plea or in refusing 3:1 pre-trial custody credit, the three-year custodial sentence (less 12.5 months credit) was nevertheless fit given the appellant's serious driving-related record and the need for substance-abuse remediation; however the lifetime driving...
Source-derived case information.
- Citation
- 2008 ONCA 310
- Parties
- Respondent: Her Majesty the Queen; Applicant/appellant: Jason Gauthier
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 23 April 2008
- Procedural Posture
- Criminal / Appeal From Sentence (court of Appeal)
- Outcome
- Appeal dismissed except to vary driving prohibition
- Legal Topics
- Guilty Plea Credit, Pre Trial Custody Credit, Driving Prohibition, Sentence Fitness
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Jason Gauthier
Applicant/appellant
Procedural Posture
Criminal / Appeal From Sentence (court of Appeal)
Legal Issues
- 1 Whether the trial judge failed to give sufficient weight to the guilty plea
- 2 Whether the trial judge erred by refusing 3:1 credit for pre-trial custody
- 3 Whether the imposed driving prohibition (lifetime) was fit
Ratio Decidendi
Even if the trial judge erred in weighing the guilty plea or in refusing 3:1 pre-trial custody credit, the three-year custodial sentence (less 12.5 months credit) was nevertheless fit given the appellant's serious driving-related record and the need for substance-abuse remediation; however the lifetime driving prohibition was excessive and was reduced to 10 years.
Court Disposition
Appeal dismissed except to vary driving prohibition
Orders
- Sentence appeal dismissed with variation: lifetime driving prohibition reduced to 10 years
- Original custodial sentence of three years to stand subject to credit of 12.5 months for pre-trial custody
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Gauthier Collection Decisions of the Court of Appeal Date 2008-04-23 Neutral citation 2008 ONCA 310 Docket numbers C48022 Judges Laskin, John Ivan; Simmons, Janet M.; Lang, Susan Elizabeth Subject Criminal Decision Content CITATION: R. v. Gauthier, 2008 ONCA 310 DATE: 20080423 DOCKET: C48022 COURT OF APPEAL FOR ONTARIO LASKIN, SIMMONS and LANG JJ.A. BETWEEN: HER MAJESTY THE QUEEN Respondent and JASON GAUTHIER Applicant/Appellant Christopher Hicks for the appellant Joanne Stuart for the respondent Heard and endorsed: April 22, 2008 On appeal from sentence imposed by Justice John Kukurin of the Ontario Court of Justice dated June 22, 2007. APPEAL BOOK ENDORSEMENT [1] The trial judge gave thorough reasons for the sentence he imposed. The appellant, however, contends that the sentence reflects two errors in principle: The trial judge failed to give sufficient weight to the guilty plea, and he failed to give 3:1 credit for the time spent in pre-trial custody. We need not deal with the appellant’s contention because even if we were to accept it, in our view the three year sentence (less twelve and one-half month credit for pre-trial custody) was fit, having regard to the appellant’s horrendous record for driving-related offences and the trial judge’s recommendation that the appellant undertake an intensive substance abuse program while in custody. [2] The trial judge imposed a lifetime driving prohibition. Although a lengthy term was fully justified, we think a fit period of prohibition is 10 years. Apart from this variation, the sentence appeal is dismissed.