R. v. Kissack
Because the appellant had been released after serving the sentence, the Court declined to address the merits of the sentencing appeal and dismissed the appeal as there was no practical relief to be granted.
Source-derived case information.
- Citation
- 2013 ONCA 345
- Parties
- Respondent: Her Majesty the Queen; Appellant: Kathleen Kissack
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 28 May 2013
- Procedural Posture
- Criminal Appeal / Appeal From Sentence to Court of Appeal
- Outcome
- Appeal dismissed
- Legal Topics
- Sentencing, Joint Sentencing Submissions, Mootness of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Kathleen Kissack
Appellant
Procedural Posture
Criminal Appeal / Appeal From Sentence to Court of Appeal
Legal Issues
- 1 Whether the trial judge erred by imposing a significantly higher sentence after allowing parties to defend a joint submission
- 2 Whether the appeal should be decided on the merits where the appellant has been released after serving the sentence
Ratio Decidendi
Because the appellant had been released after serving the sentence, the Court declined to address the merits of the sentencing appeal and dismissed the appeal as there was no practical relief to be granted.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Kissack Collection Decisions of the Court of Appeal Date 2013-05-28 Neutral citation 2013 ONCA 345 Docket numbers C56469 Judges Doherty, David H.; Simmons, Janet M.; Rouleau, Paul S. Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: R. v. Kissack, 2013 ONCA 345 DATE: 20130527 DOCKET: C56469 Doherty, Simmons and Rouleau JJ.A. Her Majesty the Queen Respondent and Kathleen Kissack Appellant Craig Parry, for the appellant John Patton, for the respondent Heard: May 21, 2013 On appeal from the sentence imposed by Justice G.E. Taylor of the Superior Court of Justice, dated September 7, 2012. APPEAL BOOK ENDORSEMENT [1] The trial judge, after giving the parties a full opportunity to “defend” the joint submission, chose to impose a significantly higher sentence. The appellant appeals from that sentence. [2] We are advised that the appellant has been released from custody having served the sentence. We see no reason to address the merits of the appeal in that circumstance. [3] The appeal is dismissed.