R. v. Mfizi
Although the court granted leave to appeal the sentence, the Crown's response demonstrated that the appellant failed to show error in sentencing, and therefore the sentence appeal is dismissed.
Source-derived case information.
- Citation
- 2010 ONCA 253
- Parties
- Respondent: Her Majesty the Queen; Appellant: Josh Mfizi
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 7 April 2010
- Procedural Posture
- Criminal Appeal / Appeal From Conviction Entered May 23, 2008 and Sentence Imposed June 17, 2008 to the Court of Appeal
- Outcome
- Appeal dismissed; leave to appeal sentence granted but sentence appeal dismissed.
- Legal Topics
- Sentence Appeal, Leave to Appeal, Dismissal, Conviction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Josh Mfizi
Appellant
Procedural Posture
Criminal Appeal / Appeal From Conviction Entered May 23, 2008 and Sentence Imposed June 17, 2008 to the Court of Appeal
Legal Issues
- 1 Whether the appellant abandoned his sentence appeal
- 2 Whether leave to appeal sentence should be granted
- 3 Whether the sentence should be overturned
Ratio Decidendi
Although the court granted leave to appeal the sentence, the Crown's response demonstrated that the appellant failed to show error in sentencing, and therefore the sentence appeal is dismissed.
Court Disposition
Appeal dismissed; leave to appeal sentence granted but sentence appeal dismissed.
Orders
- Leave to appeal sentence granted
- Sentence appeal dismissed
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Mfizi Collection Decisions of the Court of Appeal Date 2010-04-07 Neutral citation 2010 ONCA 253 Docket numbers C49109 Judges Laskin, John Ivan; Gillese, Eileen E.; Juriansz, Russell G. Subject Criminal Decision Content CITATION: R. v. Mfizi, 2010 ONCA 253 DATE: 20100407 DOCKET: C49109 COURT OF APPEAL FOR ONTARIO Laskin, Gillese and Juriansz JJ.A. BETWEEN Her Majesty the Queen Respondent and Josh Mfizi Appellant Ernest J. Guiste, for the appellant Dena Bonnet, for the respondent Heard: November 3, 2009 On appeal from the conviction entered on May 23, 2008 and the sentence imposed on June 17, 2008 by Justice Julie A. Thorburn of the Superior Court of Justice, sitting with a jury. ADDENDUM APPEAL BOOK ENDORSEMENT [1] The appellant later filed written submissions asking to appeal his sentence. The Crown responded to those submissions. Even accepting that the appellant had not abandoned his sentence appeal, for the reasons set out on the Crown’s response, we dismiss the appeal. [2] Accordingly, although leave to appeal sentence is granted, the sentence appeal is dismissed.