R. v. Abad
The court allowed the appeal and varied the employment prohibition because changed circumstances (family hardship and worsened medical condition) justified relief and the objective of deterrence could be maintained by permitting employment other than self-employment at locations approved by the conditional sentence...
Source-derived case information.
- Citation
- 2007 ONCA 541
- Parties
- Appellant: Joselito Nuguid Abad; Respondent: Her Majesty the Queen
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 27 July 2007
- Procedural Posture
- Criminal Appeal Sentence / Appeal From Sentence
- Outcome
- Appeal allowed; conditional sentence amended
- Legal Topics
- Conditional Sentence, Conditions of Supervision, Employment Prohibition, Variation of Sentence Conditions, Deterrence, Compassionate/medical Grounds
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joselito Nuguid Abad
Appellant
Her Majesty the Queen
Respondent
Procedural Posture
Criminal Appeal Sentence / Appeal From Sentence
Legal Issues
- 1 Whether the no-employment condition of a conditional sentence should be varied
- 2 Whether changed circumstances (family tragedy, worsening medical condition) justify variation of sentence conditions
- 3 Whether deterrence can be preserved while allowing employment under supervision
Ratio Decidendi
The court allowed the appeal and varied the employment prohibition because changed circumstances (family hardship and worsened medical condition) justified relief and the objective of deterrence could be maintained by permitting employment other than self-employment at locations approved by the conditional sentence supervisor.
Court Disposition
Appeal allowed; conditional sentence amended
Orders
- Leave to appeal sentence granted
- The no-employment condition is varied to permit the appellant to seek and maintain employment, other than self-employment, at places approved by his conditional sentence supervisor
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Abad Collection Decisions of the Court of Appeal Date 2007-07-27 Neutral citation 2007 ONCA 541 Docket numbers C47026 Judges Weiler, Karen Merle Magnuson; Gillese, Eileen E.; LaForme, Harry Smith Subject Criminal Decision Content CITATION: R. v. Abad, 2007 ONCA 541 DATE: 20070726 DOCKET: C47026 COURT OF APPEAL FOR ONTARIO WEILER, GILLESE and LAFORME JJ.A. BETWEEN: HER MAJESTY THE QUEEN Respondent and JOSELITO NUGUID ABAD Appellant Paul Calarco for the appellant Eliott Behar for the respondent Heard July 25, 2007 On appeal from the sentence imposed on March 30, 2007 by Justice David Salmers of the Superior Court of Justice, sitting with a jury. APPEAL BOOK ENDORSEMENT [1] The appellant appeals a term of his conditional sentence, namely, that he not be allowed to work outside his home for the first ten months of his conditional sentence. He has already served almost four months of that ten month period. [2] The trial judge thoughtfully and carefully crafted the detailed terms of the conditional sentence he imposed and we see no error in the conditions as he crafted them. However, after the sentence had been rendered, there are two bases on which the appellant asks us to reconsider the employment prohibition. [3] First, the appellant asks us to consider a tragic event that occurred respecting his twenty year old daughter who is now living with him and needs his financial support. Second, his medical condition has worsened since the time of sentencing and we are satisfied that an amelioration of the employment condition would be beneficial to his health. [4] The trial judge was concerned with deterring the offender. In our opinion that concern can be met by varying the no employment condition and the substitution of the following condition: Mr. Abad is to be able to seek and maintain employment, other than self employment, and at a place approved of by his conditional sentence supervisor. The terms of the conditional sentence shall be amended accordingly. [5] Accordingly, leave to appeal sentence is granted and the appeal is allowed as indicated.