R. v. Neshawabin
The sentencing judge lawfully concluded the two weeks of pre-trial custody did not relate to the offence, properly considered the guilty plea and the appellant's Aboriginal status, and the resulting sentence was not demonstrably unfit; therefore the appeal against sentence fails.
Source-derived case information.
- Citation
- C40481
- Parties
- Appellant: James Neshawabin; Respondent: Her Majesty the Queen
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 5 April 2004
- Procedural Posture
- Criminal / Appeal From Sentence
- Outcome
- Leave to appeal sentence granted; appeal dismissed.
- Legal Topics
- Pre Trial Custody Credit, Guilty Plea, Fitness of Sentence, Judicial 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
James Neshawabin
Appellant
Her Majesty the Queen
Respondent
Procedural Posture
Criminal / Appeal From Sentence
Legal Issues
- 1 Whether pre-trial custody should be credited to the sentence
- 2 Whether the sentencing judge properly considered the appellant's Aboriginal background
- 3 Whether the imposed sentence was unfit
Ratio Decidendi
The sentencing judge lawfully concluded the two weeks of pre-trial custody did not relate to the offence, properly considered the guilty plea and the appellant's Aboriginal status, and the resulting sentence was not demonstrably unfit; therefore the appeal against sentence fails.
Court Disposition
Leave to appeal sentence granted; appeal dismissed.
Orders
- Leave to appeal sentence granted
- Appeal dismissed
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Neshawabin Collection Decisions of the Court of Appeal Date 2004-04-05 Docket numbers C40481 Judges Goudge, Stephen Thomas; Sharpe, Robert J.; Cronk, Eleanore Ann Subject Criminal Decision Content DATE: 20040405 DOCKET: C40481 COURT OF APPEAL FOR ONTARIO RE: HER MAJESTY THE QUEEN (Respondent) - and - JAMES NESHAWABIN (Appellant) BEFORE: GOUDGE, SHARPE AND CRONK JJ.A. COUNSEL: Jennifer Tremblay-Hall for the appellant Eric Siebenmorgen for the Crown, respondent HEARD & ENDORSED: April 1, 2004 On appeal from the sentence imposed by Justice C. Bruce Noble of the Superior Court of Justice dated July 22, 2003. APPEAL BOOK ENDORSEMENT [1] In our view the trial judge could properly find that the 2 week pre-trial custody did not relate to this charge. Moreover he was clearly aware that this was a guilty plea and that the offender was an aboriginal person. However, this was a serious offence and given its circumstances we cannot find the sentence to be unfit. [2] Leave to appeal sentence is granted but the appeal is dismissed.