R. v. Zarb
Although consecutive sentences are normally appropriate for the two offences, the Court concluded that the trial judge's global sentence of 18 months was not demonstrably unfit for this offender and therefore the sentence should be upheld.
Source-derived case information.
- Citation
- 2015 ONCA 78
- Parties
- Appellant: Her Majesty the Queen; Respondent: Joseph Zarb
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 5 February 2015
- Procedural Posture
- Criminal / Appeal From Sentence
- Outcome
- Leave to appeal granted; sentence appeal dismissed.
- Legal Topics
- Consecutive Sentences, Global Sentence, Fitness of Sentence, Appellate Deference
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Her Majesty the Queen
Appellant
Joseph Zarb
Respondent
Procedural Posture
Criminal / Appeal From Sentence
Legal Issues
- 1 Whether sentences for two offences should be consecutive
- 2 Whether a global sentence of 18 months was demonstrably unfit for this offender
Ratio Decidendi
Although consecutive sentences are normally appropriate for the two offences, the Court concluded that the trial judge's global sentence of 18 months was not demonstrably unfit for this offender and therefore the sentence should be upheld.
Court Disposition
Leave to appeal granted; sentence appeal dismissed.
Orders
- Leave to appeal sentence granted
- Sentence appeal dismissed; original global sentence of 18 months upheld
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Zarb Collection Decisions of the Court of Appeal Date 2015-02-05 Neutral citation 2015 ONCA 78 Docket numbers C58832 Judges Laskin, John Ivan; Feldman, Kathryn N.; Simmons, Janet M. Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: R. v. Zarb, 2015 ONCA 78 DATE: 20150203 DOCKET: C58832 Laskin, Feldman and Simmons JJ.A. BETWEEN Her Majesty the Queen Appellant and Joseph Zarb Respondent Christopher Webb, for the appellant A. Marchetti, for the respondent Heard: February 2, 2015 On appeal from the sentence imposed on April 24, 2014 by Justice Robert F. Goldstein of the Superior Court of Justice, sitting with a jury. APPEAL BOOK ENDORSEMENT [1] We recognize the Crown’s submission that the sentences for these two offences should normally be consecutive. In our view, however, the global sentence of 18 months imposed by the trial judge was, for this offender, not demonstrably unfit. [2] Accordingly, although leave to appeal sentence is granted, the sentence appeal is dismissed.