R. v. Gruden
The trial judge committed an error in principle by overemphasizing the dangerousness of the drug and insufficiently considering the low severity, low sophistication of the offence and the offender's background; accordingly the Court granted leave, allowed the appeal and reduced the sentence from 12 months to 6...
Source-derived case information.
- Citation
- 2011 ONCA 762
- Parties
- Respondent: Her Majesty the Queen; Applicant/appellant: Craig Lawrence Gruden
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 5 December 2011
- Procedural Posture
- Criminal / Sentence Appeal to Court of Appeal
- Outcome
- Leave granted; appeal allowed; sentence varied.
- Legal Topics
- Sentence Variation, Joint Submission, Dangerousness of Drugs, Mitigation, Appellate Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Craig Lawrence Gruden
Applicant/appellant
Procedural Posture
Criminal / Sentence Appeal to Court of Appeal
Legal Issues
- 1 Whether the trial judge erred in principle by increasing the agreed joint submission sentence twelvefold
- 2 Whether the trial judge overemphasized the dangerousness of the drug involved
- 3 Whether the trial judge failed to adequately consider the low severity and low sophistication of the offence and the offender's background
Ratio Decidendi
The trial judge committed an error in principle by overemphasizing the dangerousness of the drug and insufficiently considering the low severity, low sophistication of the offence and the offender's background; accordingly the Court granted leave, allowed the appeal and reduced the sentence from 12 months to 6 months with the probation order to remain.
Court Disposition
Leave granted; appeal allowed; sentence varied.
Orders
- Leave granted
- Appeal allowed
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Gruden Collection Decisions of the Court of Appeal Date 2011-12-05 Neutral citation 2011 ONCA 762 Docket numbers C54227 Judges Goudge, Stephen Thomas; LaForme, Harry Smith; Rouleau, Paul S. Subject Criminal Decision Content CITATION: R. v. Gruden, 2011 ONCA 762 DATE: 20111202 DOCKET: C54227 COURT OF APPEAL FOR ONTARIO Goudge, LaForme and Rouleau JJ.A. BETWEEN Her Majesty the Queen Respondent and Craig Lawrence Gruden Applicant/Appellant Robert Sheppard, for the appellant Myfanwy Smith, for the respondent Heard: November 30, 2011 On appeal from the sentence imposed by Justice W Rabley of the Ontario Court of Justice on June 28, 2011. APPEAL BOOK ENDORSEMENT [1] The 12 month sentence imposed by the trial judge increased the joint submission at trial twelve fold. In doing so the trial judge in our view overemphasized the fact of the dangerousness of the drug involved. [2] He also gave too short shrift to the lack of severity of the crime itself, particularly its very low level of sophistication, and the very unfortunate circumstances and background of the offender. [3] On appeal, the appellant and the Crown both submit that this is an error in principle and the appropriate sentence is six months together with the probation imposed at trial. [4] We agree. Leave granted, appeal allowed and sentence varied accordingly.