R. c. Dansereau

R. c. Dansereau

The convictions and 30-month sentence were upheld because the trial judge did not commit an error of law in her credibility assessment (she applied W.(R.) principles and gave appropriate reasons), and the sentencing judge properly considered age and health; absence of evidence of heightened COVID-19 risk precluded...

Source-derived case information.

Citation
2021 ONCA 580
Parties
Respondent: Sa Majesté la Reine; Appellant: Jean Jacques Dansereau
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
27 August 2021
Procedural Posture
Criminal / Appeal From Conviction and Sentence (court of Appeal)
Outcome
Appeal dismissed; convictions and sentence upheld; publication ban lifted
Legal Topics
Child Sexual Abuse, Credibility Assessment, Prior Inconsistent Statements, Publication Ban, COVID 19 and Sentencing
Source Language
fr
Criminal Law Evidence Sentencing Child Sexual Abuse Credibility Assessment Prior Inconsistent Statements Publication Ban COVID 19 and Sentencing

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Parties

Sa Majesté la Reine

Respondent

Jean Jacques Dansereau

Appellant

Procedural Posture

Criminal / Appeal From Conviction and Sentence (court of Appeal)

  1. 1 Whether trial judge erred in assessing credibility and handling a prior inconsistent statement
  2. 2 Whether sentencing judge erred by refusing a conditional sentence given appellant's age and health
  3. 3 Whether COVID-19 risks justify varying an otherwise appropriate custodial sentence

Ratio Decidendi

The convictions and 30-month sentence were upheld because the trial judge did not commit an error of law in her credibility assessment (she applied W.(R.) principles and gave appropriate reasons), and the sentencing judge properly considered age and health; absence of evidence of heightened COVID-19 risk precluded reducing the custodial sentence.

Court Disposition

Appeal dismissed; convictions and sentence upheld; publication ban lifted

Orders

  • Order lifting publication ban imposed under s.486(4) of the Criminal Code
  • Appeal against convictions dismissed