R. v. Levesque
Assuming without deciding that the standard of review is unaffected by a joint submission, the court found no error in principle and that the period of parole ineligibility was not clearly unreasonable, and therefore dismissed the appeal.
Source-derived case information.
- Citation
- 2012 ONCA 231
- Parties
- Respondent: Her Majesty the Queen; Appellant: Jacqueline Levesque
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 13 April 2012
- Procedural Posture
- Criminal Appeal / On Appeal From the Sentence Imposed (superior Court of Justice, June 9, 2009)
- Outcome
- Appeal dismissed
- Legal Topics
- Sentencing, Parole Ineligibility, Joint Submission, Standard of Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Jacqueline Levesque
Appellant
Procedural Posture
Criminal Appeal / On Appeal From the Sentence Imposed (superior Court of Justice, June 9, 2009)
Legal Issues
- 1 Whether the standard of review is affected by a joint submission on sentence
- 2 Whether the period of parole ineligibility imposed was an error in principle
- 3 Whether the period of parole ineligibility was clearly unreasonable
Ratio Decidendi
Assuming without deciding that the standard of review is unaffected by a joint submission, the court found no error in principle and that the period of parole ineligibility was not clearly unreasonable, and therefore dismissed the appeal.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- Sentence upheld
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Levesque Collection Decisions of the Court of Appeal Date 2012-04-13 Neutral citation 2012 ONCA 231 Docket numbers C52163 Judges Doherty, David H.; MacPherson, James C.; Sharpe, Robert J. Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: R. v. Levesque, 2012 ONCA 231 DATE: 20120410 DOCKET: C52163 Doherty, MacPherson and Sharpe JJ.A. BETWEEN Her Majesty the Queen Respondent and Jacqueline Levesque Appellant Richard Litkowski, for the appellant Michelle Campbell, for the respondent Heard: April 10, 2012 On appeal from the sentence imposed on June 9, 2009 by Justice Marrocco of the Superior Court of Justice. APPEAL BOOK ENDORSEMENT [1] Assuming without deciding that the standard of review in this court is unaffected by the fact that the sentence was the product of a joint submission, we see no error in principle in the period of parole ineligibility imposed. Nor do we view that part of the sentence as “clearly unreasonable”. The appellant does not take issue with the other terms of the sentence. [2] The appeal is dismissed.