R. v. Ohenhen
The appeal was dismissed because the appellant conceded placement and the evidence that he remained a significant threat to the public was uncontroverted, thereby justifying the Board's detention disposition and refusal to grant an absolute discharge.
Source-derived case information.
- Citation
- 2008 ONCA 792
- Parties
- Respondent: Her Majesty the Queen; Appellant: Julius Oshomwen Ohenhen; Amicus Curiae: Paul Burstein; Intervener: Centre for Addiction and Mental Health
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 24 November 2008
- Procedural Posture
- Criminal (mental Disorder/review Board) / Appeal From Ontario Review Board Detention Disposition (heard Nov 20, 2008)
- Outcome
- Appeal dismissed; Ontario Review Board detention and rejection of absolute discharge affirmed.
- Legal Topics
- Detention by Review Board, Absolute Discharge, Public Safety, Ontario Review Board
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Julius Oshomwen Ohenhen
Appellant
Paul Burstein
Amicus Curiae
Centre for Addiction and Mental Health
Intervener
Procedural Posture
Criminal (mental Disorder/review Board) / Appeal From Ontario Review Board Detention Disposition (heard Nov 20, 2008)
Legal Issues
- 1 Whether the Ontario Review Board erred in detaining the appellant at the Centre for Addiction and Mental Health
- 2 Whether the appellant was entitled to an absolute discharge
Ratio Decidendi
The appeal was dismissed because the appellant conceded placement and the evidence that he remained a significant threat to the public was uncontroverted, thereby justifying the Board's detention disposition and refusal to grant an absolute discharge.
Court Disposition
Appeal dismissed; Ontario Review Board detention and rejection of absolute discharge affirmed.
Orders
- Appeal dismissed.
- Disposition of the Ontario Review Board dated July 23, 2007 detaining the appellant at the Centre for Addiction and Mental Health is affirmed.
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Ohenhen Collection Decisions of the Court of Appeal Date 2008-11-24 Neutral citation 2008 ONCA 792 Docket numbers C48986 Judges Gillese, Eileen E.; Armstrong, Robert Patrick; Rouleau, Paul S. Subject Criminal Decision Content CITATION: R. v. Ohenhen, 2008 ONCA 792 DATE: 20081124 DOCKET: C48986 COURT OF APPEAL FOR ONTARIO Gillese, Armstrong and Rouleau JJ.A. BETWEEN: Her Majesty the Queen Respondent and Julius Oshomwen Ohenhen Appellant Julius Ohenhen, acting in person Paul Burstein, acting as amicus curiae Jean D. Buie for the Centre for Addiction and Mental Health Riun Shandler for the respondent Heard: November 20, 2008 On appeal from the disposition by the Ontario Review Board detaining the appellant at the Centre for Addiction and Mental Health, dated July 23, 2007 APPEAL BOOK ENDORSEMENT [1] At the oral hearing of this appeal, Mr. Ohenhen concedes that he obtained the disposition which he was seeking in terms of placement. Given the uncontroverted evidence that he continued to present a significant threat to the public, the Board was fully justified in its disposition and in rejecting the appellant’s request for an absolute discharge. [2] Accordingly, the appeal is dismissed.