R. v. Garcia
The Court allowed the appeal to the extent of reducing the custodial sentence to nine months and imposing one year probation because the admitted fresh evidence demonstrating effective rehabilitation and abstinence during interim release materially justified a reduced sentence, while affirming that the offence was...
Source-derived case information.
- Citation
- C30358
- Parties
- Respondent: Her Majesty the Queen; Appellant: Juan Carlos Garcia
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 26 April 1999
- Procedural Posture
- Criminal / Appeal to Court of Appeal (appeal From Trial Judge's Sentence)
- Outcome
- Leave to appeal granted; appeal allowed in part to reduce sentence to nine months custody followed by one year probation.
- Legal Topics
- Sentencing, Conditional Sentence, Probation, Fresh Evidence, Rehabilitation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Juan Carlos Garcia
Appellant
Procedural Posture
Criminal / Appeal to Court of Appeal (appeal From Trial Judge's Sentence)
Legal Issues
- 1 Whether a conditional sentence was appropriate for a violent robbery committed with weapons
- 2 Whether fresh evidence of rehabilitation during interim release warrants reduction of sentence on appeal
- 3 Whether the trial judge erred in principle in imposing the original sentence
Ratio Decidendi
The Court allowed the appeal to the extent of reducing the custodial sentence to nine months and imposing one year probation because the admitted fresh evidence demonstrating effective rehabilitation and abstinence during interim release materially justified a reduced sentence, while affirming that the offence was not suitable for a conditional sentence.
Court Disposition
Leave to appeal granted; appeal allowed in part to reduce sentence to nine months custody followed by one year probation.
Orders
- Sentence reduced to nine months in custody.
- Probation for one year in statutory terms including: abstain from consumption of alcohol or other intoxicating substances.
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Garcia Collection Decisions of the Court of Appeal Date 1999-04-26 Docket numbers C30358 Judges Finlayson, George Duncan; Austin, Allan McNiece; Moldaver, Michael James Subject Criminal Decision Content DATE: 19990426 DOCKET: C30358 COURT OF APPEAL FOR ONTARIO RE: HER MAJESTY THE QUEEN (Respondent) and JUAN CARLOS GARCIA (Appellant) BEFORE: FINLAYSON, AUSTIN and MOLDAVER JJ.A. COUNSEL: Peter Hambly, for the appellant Erika Chozik, for the respondent HEARD: April 16, 1999 On appeal from the judgment of Salhany J. dated May 20, 1998. ENDORSEMENT [1] This is a serious offence that involved the robbery of a convenience store at 2:00 a.m. by two men armed with a knife and a broken beer bottle respectively. The storekeeper was threatened and jabbed in the arm with a beer bottle by the co-perpetrator. The trial judge was correct in holding that this was not an appropriate case for a conditional sentence. [2] We can find no error in principle in the sentence imposed by the trial judge in the circumstances as they existed at the time he delivered it. However, we have admitted fresh evidence in this court that is impressive. It demonstrates that during his interim release, the appellant has addressed his alcohol abuse problem effectively. He has demonstrated a commendable desire to rehabilitate himself and we should lend our encouragement to that conduct. [3] Accordingly, we are prepared to reduce the sentence to nine months in custody followed by probation for one year. The terms of probation shall be in the statutory terms and shall include: 1. that the appellant abstain from the consumption of alcohol or other intoxicating substances; 2. that the appellant abstain from the consumption of controlled substances except in accordance with a medical prescription; 3. that the appellant abstain from owning, possessing or carrying any weapons, ammunitions or explosive devices; 4. that the appellant attend counselling for substance abuse and anger as directed and approved by his probation officer; and 5. that the appellant report as required to his probation officer. [4] Accordingly, leave to appeal is granted and the appeal is allowed to the extent necessary to give effect to these reasons. “G.D.Finlayson J.A.” “Austin J.A.” “M.J. Moldaver J.A.”