R. v. Riehl
The court dismissed the conviction appeal as abandoned and, because both parties agreed that a nine‑month sentence with nine months' credit was appropriate, the court varied the sentence to time served (equivalent of nine months).
Source-derived case information.
- Citation
- 2019 ONCA 154
- Parties
- Respondent: Her Majesty the Queen; Appellant: Jeremy Riehl
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 28 February 2019
- Procedural Posture
- Criminal Appeal (conviction and Sentence) / Appeal From Conviction and Sentence (conviction Appeal Dismissed as Abandoned; Sentence Varied)
- Outcome
- Appeal allowed in respect of sentence; conviction appeal dismissed as abandoned; sentence varied to time served (equivalent of nine months).
- Legal Topics
- Abandoned Appeal, Sentence Credit, Time Served, Sentence Variation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Jeremy Riehl
Appellant
Procedural Posture
Criminal Appeal (conviction and Sentence) / Appeal From Conviction and Sentence (conviction Appeal Dismissed as Abandoned; Sentence Varied)
Legal Issues
- 1 Whether the conviction appeal was abandoned
- 2 Whether the agreed nine‑month sentence was appropriate
- 3 Whether the appellant was entitled to credit for time spent on bail and in custody
Ratio Decidendi
The court dismissed the conviction appeal as abandoned and, because both parties agreed that a nine‑month sentence with nine months' credit was appropriate, the court varied the sentence to time served (equivalent of nine months).
Court Disposition
Appeal allowed in respect of sentence; conviction appeal dismissed as abandoned; sentence varied to time served (equivalent of nine months).
Orders
- Conviction appeal dismissed as abandoned
- Sentence varied to time served (equivalent of nine months)
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Riehl Collection Decisions of the Court of Appeal Date 2019-02-28 Neutral citation 2019 ONCA 154 Docket numbers C60645 Judges Doherty, David H.; Benotto, Mary Lou; Huscroft, Grant Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: R. v. Riehl, 2019 ONCA 154 DATE: 20190226 DOCKET: C60645 Doherty, Benotto and Huscroft JJ.A. BETWEEN Her Majesty the Queen Respondent and Jeremy Riehl Appellant Andrew Furgiuele, for the appellant Christopher Greene, for the respondent Heard: February 25, 2019 in writing On appeal from the conviction entered on June 29, 2015 and the sentence imposed on June 29, 2015 by Justice Joseph W. Quinn of the Superior Court of Justice. APPEAL BOOK ENDORSEMENT [1] The conviction appeal is dismissed as abandoned. The parties agree that in the circumstances, the appropriate sentence is nine months. They further agree that the appellant should receive credit of nine months for the time spent on bail pending trial and pending appeal and the time spent in custody. [2] We accept the submission. The appeal is allowed and the sentence varied to time served (the equivalent of nine months).