R. v. Molitor
The 14-year parole ineligibility was within the appropriate range; the trial judge's findings were supported by the record, he did not misapply aggravating factors, and the fresh evidence and rehabilitative efforts did not provide a basis to interfere with the sentence; therefore the appeal is dismissed.
Source-derived case information.
- Citation
- 2008 ONCA 821
- Parties
- Respondent: Her Majesty The Queen; Appellant: Jeremy Molitor
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 5 December 2008
- Procedural Posture
- Criminal Appeal / Sentence Appeal (court of Appeal)
- Outcome
- Leave to appeal sentence granted; appeal dismissed; sentence upheld
- Legal Topics
- Second Degree Murder, Parole Ineligibility, Fresh Evidence, Mitigating and Aggravating Factors
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty The Queen
Respondent
Jeremy Molitor
Appellant
Procedural Posture
Criminal Appeal / Sentence Appeal (court of Appeal)
Legal Issues
- 1 Whether 14-year parole ineligibility for second-degree murder was excessive or outside the applicable range
- 2 Whether the trial judge misapprehended the evidence regarding the location of the murder
- 3 Whether the trial judge improperly treated the appellant's sexual promiscuity as an aggravating factor
Ratio Decidendi
The 14-year parole ineligibility was within the appropriate range; the trial judge's findings were supported by the record, he did not misapply aggravating factors, and the fresh evidence and rehabilitative efforts did not provide a basis to interfere with the sentence; therefore the appeal is dismissed.
Court Disposition
Leave to appeal sentence granted; appeal dismissed; sentence upheld
Orders
- Leave to appeal sentence granted
- Appeal dismissed
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Molitor Collection Decisions of the Court of Appeal Date 2008-12-05 Neutral citation 2008 ONCA 821 Docket numbers C44378 Judges Sharpe, Robert J.; Blair, Robert Ashley; Rouleau, Paul S. Subject Criminal Decision Content CITATION: R. v. Molitor, 2008 ONCA 821 DATE: 20081204 DOCKET: C44378 COURT OF APPEAL FOR ONTARIO Sharpe, Blair and Rouleau JJ.A. BETWEEN: Her Majesty The Queen Respondent and Jeremy Molitor Appellant Anne London-Weinstein for the appellant Gillian Roberts for the respondent Heard: December 2, 2008 On appeal from the judgment of Justice J.M. Donohue of the Superior Court of Justice dated December 22, 2004. APPEAL BOOK ENDORSEMENT [1] The appellant appeals the 14 year period of parole ineligibility imposed upon his conviction for second-degree murder. It is conceded that the sentence is within the range. This was a brutal murder. We see no error in the thorough reasons of the trial judge. We do not accept the submission that the trial judge’s description of the location of the murder does not correspond with the evidence. Nor do we see any error in the trial judge’s treatment of the appellant’s sexual promiscuity. As we read his reasons, he did not treat that as an aggravating factor. The trial judge did not, in our view, fail to take into account any significant mitigating factor. [2] We have reviewed the fresh evidence and we commend the appellant for his rehabilitative efforts but we see no basis to interfere with this sentence. [3] Leave to appeal sentence granted but the appeal is dismissed.