R. v. Robertson
Probation was varied from 18 months to 12 months because the sentencing judge gave no reasons for exceeding the Crown's position; the appellant is credited with 20 months and 21 days toward the imposed driving prohibition; the remaining 5-year driving prohibition is upheld because the sentencing judge's reasons and...
Source-derived case information.
- Citation
- 2023 ONCA 326
- Parties
- Respondent: His Majesty the King; Appellant: Kraig Robertson
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 5 May 2023
- Procedural Posture
- Criminal / Appeal From Sentence
- Outcome
- Appeal allowed in part and dismissed in part.
- Legal Topics
- Failing to Remain at Scene, Driving Prohibition, Probation, Sentencing Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
His Majesty the King
Respondent
Kraig Robertson
Appellant
Procedural Posture
Criminal / Appeal From Sentence
Legal Issues
- 1 Whether the probation term exceeded the sentencing judge's stated reasons and trial Crown position
- 2 Whether the sentencing judge failed to account for the period of pre-sentence driving prohibition and whether that period should be credited
- 3 Whether the remaining 5-year driving prohibition was excessive
Ratio Decidendi
Probation was varied from 18 months to 12 months because the sentencing judge gave no reasons for exceeding the Crown's position; the appellant is credited with 20 months and 21 days toward the imposed driving prohibition; the remaining 5-year driving prohibition is upheld because the sentencing judge's reasons and the significant aggravating factors justify it.
Court Disposition
Appeal allowed in part and dismissed in part.
Orders
- Probation order varied from 18 months to 12 months.
- A period of 20 months and 21 days is credited to the driving prohibition.
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Robertson Collection Decisions of the Court of Appeal Date 2023-05-05 Neutral citation 2023 ONCA 326 Docket numbers COA-23-CR-0169 Judges Fairburn, J. Michal; MacPherson, James C.; Zarnett, Benjamin Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: R. v. Robertson, 2023 ONCA 326 DATE: 20230505 DOCKET: COA-23-CR-0169 Fairburn A.C.J.O., MacPherson and Zarnett JJ.A. BETWEEN His Majesty the King Respondent and Kraig Robertson Appellant Kraig Robertson, acting in person Amy Ohler, appearing as duty counsel Nicholas Hay, for the respondent Heard and released orally: May 1, 2023 On appeal from the sentence imposed by Justice Angela L. McLeod of the Ontario Court of Justice on June 27, 2022. REASONS FOR DECISION [1] The appellant was convicted of failing to remain at the scene of an accident, knowing or being reckless as to whether the accident resulted in death. This is an appeal from sentence. [2] The Crown concedes that the sentencing judge erred in the imposition of an 18-month period of probation to follow the term of custody. She gave no reasons for exceeding the trial Crown’s position of a 12-month term of probation. We accept the Crown concession on this issue. [3] The Crown also concedes that the sentencing judge failed to take into account the length of the appellant’s driving prohibition that preceded his sentencing. The parties are in agreement that the appellant was prohibited from driving for 20 months and 21 days prior to his sentence being imposed. Therefore, the parties agree that this period of time should be removed from the 5-year driving prohibition that was ultimately imposed. In the circumstances, we accept the Crown concession. [4] Finally, the appellant argues that the 5-year driving prohibition, even with the credit removed, is still too high. We disagree. We see no error in the sentencing reasons as to why she imposed this length of driving prohibition. We note that there are significant aggravating factors at work in this case. Combined, they entirely justify the sentence imposed. [5] The sentence appeal is allowed. [6] The probation order is varied from 18 months to 12 months. [7] A period of 20 months and 21 days will be credited to the driving prohibition. [8] The appeal is otherwise dismissed. “Fairburn A.C.J.O.” “J.C. MacPherson J.A.” “B. Zarnett J.A.”