R. v. Cater
The appeal against conviction was dismissed because the record contained no basis to find abusive conduct and the trial judge's rulings were not to be interfered with; the original custodial sentence was recognized as fit but was reduced from 16 months to six months because the appellant's pregnancy and the risk...
Source-derived case information.
- Citation
- C38383
- Parties
- Appellant: Jovonne Cater; Respondent: Her Majesty the Queen
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 12 May 2003
- Procedural Posture
- Criminal / Appeal From Conviction and Sentence (conviction Dated April 18, 2002; Sentence Dated May 28, 2002)
- Outcome
- Appeal against conviction dismissed; sentence varied.
- Legal Topics
- Conviction Appeal, Abusive Conduct Allegation, Sentence Variation, Pregnancy and Sentencing, Probation Terms
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jovonne Cater
Appellant
Her Majesty the Queen
Respondent
Procedural Posture
Criminal / Appeal From Conviction and Sentence (conviction Dated April 18, 2002; Sentence Dated May 28, 2002)
Legal Issues
- 1 Whether the Crown engaged in abusive conduct warranting overturning the conviction
- 2 Whether the imposed sentence was fit and should be varied given the appellant's pregnancy and practical effects on her newborns
- 3 Whether appellate intervention in the trial judge's rulings was warranted
Ratio Decidendi
The appeal against conviction was dismissed because the record contained no basis to find abusive conduct and the trial judge's rulings were not to be interfered with; the original custodial sentence was recognized as fit but was reduced from 16 months to six months because the appellant's pregnancy and the risk that her newborns would be removed in provincial custody justified a lesser period of incarceration while retaining three years probation with the same terms except removal of the employment-seeking requirement.
Court Disposition
Appeal against conviction dismissed; sentence varied.
Orders
- Conviction upheld.
- Original sentence of 16 months custody and three years probation varied to six months custody plus three years probation.
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Cater Collection Decisions of the Court of Appeal Date 2003-05-12 Docket numbers C38383 Judges Carthy, James Joseph; Moldaver, Michael James; Feldman, Kathryn N. Subject Criminal Decision Content DATE: 20030512 DOCKET: C38383 COURT OF APPEAL FOR ONTARIO RE: HER MAJESTY THE QUEEN (Respondent) - and - JOVONNE CATER (Appellant) BEFORE: CARTHY, MOLDAVER AND FELDMAN JJ.A. COUNSEL: David Tanovich for the appellant Cater Christine Tier for the Crown, respondent HEARD: MAY 12, 2003 On appeal from the conviction by Justice John M. Ritchie of the Ontario Court of Justice dated April 18, 2002 and from the sentence imposed by Justice John M. Ritchie dated May 28, 2002. APPEAL BOOK ENDORSEMENT [1] The appeal against conviction is dismissed. There is no basis on the evidence to find the Crown guilty of abusive conduct. The matters complained of were all screened through experienced defence counsel. We would not interfere with the trial judge's ruling. [2] The sentence was 16 months plus three years probation and in our view was fit when issued. However, the passage of time and the appellant's current pregnancy with twins, expected in November, has caused us to look at the circumstances anew. We agree with the Crown that this offence calls for a period of custody. The Crown at the same time agrees that we should be concerned that under the Provincial system her babies will be taken from her if born in prison. With her encouragement we feel justice will be done by varying the sentence to one of six months custody plus three years probation on the terms imposed by the trial judge except for the term as to seeking out employment. We so order.