R. v. Jupiter
The appeal was dismissed because the trial judge, despite imposing a sentence at the high end of the range, did not commit an error in principle; he properly considered the offender's lengthy record and the aggravating fact of commission with his son, and his determination on pre-trial custody credit is entitled to...
Source-derived case information.
- Citation
- 2016 ONCA 484
- Parties
- Respondent: Her Majesty the Queen; Appellant: Isan Jupiter
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 16 June 2016
- Procedural Posture
- Criminal / Appeal From Sentence (court of Appeal)
- Outcome
- Leave to appeal granted; appeal dismissed.
- Legal Topics
- Pre Trial Custody Credit, Sentencing Range, Aggravating Factors, Judicial Deference
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Isan Jupiter
Appellant
Procedural Posture
Criminal / Appeal From Sentence (court of Appeal)
Legal Issues
- 1 Whether the sentence imposed was erroneous in principle
- 2 Whether the trial judge miscalculated or improperly applied credit for pre-trial custody
- 3 Whether appellate court should intervene or defer to trial judge's sentencing discretion
Ratio Decidendi
The appeal was dismissed because the trial judge, despite imposing a sentence at the high end of the range, did not commit an error in principle; he properly considered the offender's lengthy record and the aggravating fact of commission with his son, and his determination on pre-trial custody credit is entitled to deference.
Court Disposition
Leave to appeal granted; appeal dismissed.
Orders
- Appeal dismissed
- Sentence upheld
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Jupiter Collection Decisions of the Court of Appeal Date 2016-06-16 Neutral citation 2016 ONCA 484 Docket numbers C61092 Judges MacFarland, Jean Louise; van Rensburg, Katherine; Huscroft, Grant Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: R. v. Jupiter, 2016 ONCA 484 DATE: 20160616 DOCKET: C61092 MacFarland, van Rensburg and Huscroft JJ.A. BETWEEN Her Majesty the Queen Respondent and Isan Jupiter Appellant Elizabeth Bingham, for the appellant Jeremy Streeter, for the respondent Heard and released orally: June 1, 2016 On appeal from the sentence imposed on May 25, 2015 by Justice M. Felix of the Ontario Court of Justice, sitting without a jury. ENDORSEMENT [1] While the sentence is clearly at the high end of the range for this offence, we are not persuaded that there is any error in principle. The trial judge considered the particular circumstances of this offender including his very lengthy criminal record and the aggravating fact that this offence was committed with his son. [2] His determination of credit for pre-trial custody as here where he considered the relevant factors is entitled to deference in this court. [3] While leave to appeal is granted, the appeal is dismissed. “J. MacFarland J.A.” “K. van Rensburg J.A.” “Grant Huscroft J.A.”