R. v. Przybylski
The five year sentence was not manifestly excessive in light of repeated long‑term sexual abuse of two minors including anal intercourse; the fresh evidence did not assist the appellant, therefore the appeal was dismissed.
Source-derived case information.
- Citation
- 2007 ONCA 733
- Parties
- Respondent: Her Majesty the Queen; Appellant: Konstanty Przybylski
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 24 October 2007
- Procedural Posture
- Criminal / Appeal From Sentence
- Outcome
- Appeal dismissed; sentence upheld
- Legal Topics
- Child Sexual Abuse, Sexual Assault, Sentencing Discretion, Fresh Evidence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Her Majesty the Queen
Respondent
Konstanty Przybylski
Appellant
Procedural Posture
Criminal / Appeal From Sentence
Legal Issues
- 1 Whether the five year sentence was manifestly excessive
- 2 Whether the fresh evidence affected the appeal outcome
- 3 Appropriate penitentiary term for repeated long‑term sexual abuse of minors
Ratio Decidendi
The five year sentence was not manifestly excessive in light of repeated long‑term sexual abuse of two minors including anal intercourse; the fresh evidence did not assist the appellant, therefore the appeal was dismissed.
Court Disposition
Appeal dismissed; sentence upheld
Orders
- Appeal dismissed
- Sentence of five years imprisonment upheld
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Przybylski Collection Decisions of the Court of Appeal Date 2007-10-24 Neutral citation 2007 ONCA 733 Docket numbers C45762 Judges Doherty, David H.; Blair, Robert Ashley; Then, Edward F. Subject Criminal Decision Content CITATION: R. v. Przybylski, 2007 ONCA 733 DATE: 20071023 DOCKET: C45762 COURT OF APPEAL FOR ONTARIO DOHERTY, BLAIR JJ.A. and THEN R.S.J. (ad hoc) BETWEEN: HER MAJESTY THE QUEEN Respondent and KONSTANTY PRZYBYLSKI Appellant Martin Kerbel, Q.C. for the appellant Colleen Hepburn for the respondent Heard: October 18, 2007 On appeal from the sentence entered by Justice Zivolak of the Ontario Court of Justice on July 4, 2006. APPEAL BOOK ENDORSEMENT [1] We have considered the “fresh” evidence. It does not assist in determining the appeal. [2] The appellant, a priest, engaged in the repeated long term sexual abuse of two young boys who served as altar boys in the church. The abuse included anal intercourse. A significant penitentiary term was demanded in the circumstances. We cannot say that the five year sentence imposed by the trial judge was manifestly excessive. [3] The appeal is dismissed.