R. v. Stone
Although the trial judge failed to articulate the very special circumstances needed to justify a non-custodial sentence, the Court of Appeal, after reviewing the respondent's exemplary conduct, restitution and rehabilitation while on a conditional sentence, concluded that incarceration would not serve the interests...
Source-derived case information.
- Citation
- 2010 ONCA 95
- Parties
- Appellant: Her Majesty the Queen; Respondent: Marcia Stone
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 10 February 2010
- Procedural Posture
- Criminal / Appeal From Sentence (court of Appeal)
- Outcome
- Leave to appeal granted and appeal dismissed
- Legal Topics
- Sentencing, Conditional Sentence, Probation, Restitution, Incarceration, Leave to Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Appellant
Marcia Stone
Respondent
Procedural Posture
Criminal / Appeal From Sentence (court of Appeal)
Legal Issues
- 1 Whether the trial judge failed to identify "very special circumstances" to justify a non-custodial sentence for this offence
- 2 Whether the sentence imposed is fit having regard to the respondent's conduct on a conditional sentence
- 3 Whether, notwithstanding the trial judge's omission, the Court should impose incarceration on appeal
Ratio Decidendi
Although the trial judge failed to articulate the very special circumstances needed to justify a non-custodial sentence, the Court of Appeal, after reviewing the respondent's exemplary conduct, restitution and rehabilitation while on a conditional sentence, concluded that incarceration would not serve the interests of justice and therefore dismissed the Crown's appeal.
Court Disposition
Leave to appeal granted and appeal dismissed
Orders
- Leave to appeal granted
- Appeal dismissed (no change to non-custodial conditional sentence)
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Stone Collection Decisions of the Court of Appeal Date 2010-02-10 Neutral citation 2010 ONCA 95 Docket numbers C50672 Judges Doherty, David H.; Laskin, John Ivan; Lang, Susan Elizabeth Subject Criminal Decision Content CITATION: R. v. Stone, 2010 ONCA 95 DATE: 20100209 DOCKET: C50672 COURT OF APPEAL FOR ONTARIO Doherty, Laskin and Lang JJ.A. BETWEEN Her Majesty the Queen Appellant and Marcia Stone Respondent Greg Skerkowski, for the appellant M. Halfyard, for the respondent Heard: February 1, 2010 On appeal from the sentence imposed by Justice W. Gonet of the Ontario Court of Justice dated May 28, 2009. APPEAL BOOK ENDORSEMENT [1] This was a case where the trial judge could have imposed incarceration. Indeed, it is fair to say that absent significant extenuating circumstances, incarceration should be imposed for this kind of offence. Unfortunately, the trial judge did not identify the “very special circumstances” which led him to impose a non-custodial term. He should have. [2] We have reviewed the fitness of sentence having regard to the circumstances at the time and the respondent’s conduct over the eight months that she has been on a conditional sentence. Her conduct has been exemplary. She continues to make restitution and has acquired a good job. Her probation officer’s comment that it “would be terrible” to incarcerate the respondent at this stage in her life is borne out by the record. Her probation officer also describes her as an “ideal client”. [3] This is a case where the interests of justice would not be served by incarcerating the respondent for three or four months at this stage. We decline to do so. [4] Leave to appeal is granted and the appeal is dismissed.