R. v. Green
The trial judge committed an error in principle by failing to give weight to the joint position of counsel that some custodial time was required; because the sentence imposed was therefore unfit, the Court of Appeal allowed the Crown's appeal and varied the sentence to ninety days intermittent with specified...
Source-derived case information.
- Citation
- C42299
- Parties
- Appellant: Her Majesty the Queen; Respondent: Michael Errol Green
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 9 March 2005
- Procedural Posture
- Criminal Appeal From Sentence / Court of Appeal Decision (sentence Varied)
- Outcome
- Leave to appeal sentence granted; appeal allowed; original sentence varied as described.
- Legal Topics
- Sentence Fitness, Intermittent Sentence, Probation Conditions, Appellate Review, Weight of Joint Submissions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Appellant
Michael Errol Green
Respondent
Procedural Posture
Criminal Appeal From Sentence / Court of Appeal Decision (sentence Varied)
Legal Issues
- 1 Whether the trial judge erred in principle by failing to give weight to the joint position of counsel that some time in custody was required
- 2 Whether the sentence imposed was demonstrably unfit
- 3 What the appropriate sentence and ancillary orders should be on appeal
Ratio Decidendi
The trial judge committed an error in principle by failing to give weight to the joint position of counsel that some custodial time was required; because the sentence imposed was therefore unfit, the Court of Appeal allowed the Crown's appeal and varied the sentence to ninety days intermittent with specified probation conditions.
Court Disposition
Leave to appeal sentence granted; appeal allowed; original sentence varied as described.
Orders
- Leave to appeal sentence granted
- Appeal allowed
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Green Collection Decisions of the Court of Appeal Date 2005-03-09 Docket numbers C42299 Judges Rosenberg, Marc; Goudge, Stephen Thomas; MacFarland, Jean Louise Subject Criminal Decision Content DATE: 20050309 DOCKET: C42299 COURT OF APPEAL FOR ONTARIO RE: HER MAJESTY THE QUEEN (Appellant) – and – MICHAEL ERROL GREEN (Respondent) BEFORE: ROSENBERG, GOUDGE and MacFARLAND JJ.A. COUNSEL: Maria Gasper and F. O’Donnell for the appellant Michael Strathman for the respondent HEARD & ENDORSED: March 4, 2005 On appeal from sentence imposed by Justice Khawly of the Ontario Court of Justice dated July 29, 2004. APPEAL BOOK ENDORSEMENT [1] We agree that the sentence imposed was unfit and the trial judge erred in principle in failing to given weight to the joint position of counsel that some time in custody was required. [2] Accordingly, leave to appeal sentence is granted, the appeal is allowed and the sentence varied to ninety days intermittent to commence Saturday morning at 7:00 a.m. March 5, 2005 to Monday morning at 5:00 a.m. and thereafter Saturday from 7:00 a.m. to Monday 5:00 a.m. The respondent shall be on probation while not in custody serving the sentence on the statutory terms and on condition that he must appear at the jail in a sober condition.