R. v. Amendola
The trial judge properly identified and applied the applicable sentencing principles, took into account significant mitigating factors including the appellant's addiction, and the short period of incarceration imposed was not unfit; therefore the appeal must be dismissed.
Source-derived case information.
- Citation
- 2023 ONCA 242
- Parties
- Respondent: His Majesty the King; Appellant: Lori Amendola
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 5 April 2023
- Procedural Posture
- Criminal / Appeal From Sentence
- Outcome
- Leave to appeal sentence granted; appeal dismissed; original sentence upheld.
- Legal Topics
- Sentencing, Appeal, Mitigation Addiction
- 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
His Majesty the King
Respondent
Lori Amendola
Appellant
Procedural Posture
Criminal / Appeal From Sentence
Legal Issues
- 1 Whether the sentence imposed was unfit
- 2 Whether the trial judge failed to account for relevant mitigating factors including the appellant's addiction
Ratio Decidendi
The trial judge properly identified and applied the applicable sentencing principles, took into account significant mitigating factors including the appellant's addiction, and the short period of incarceration imposed was not unfit; therefore the appeal must be dismissed.
Court Disposition
Leave to appeal sentence granted; appeal dismissed; original sentence upheld.
Orders
- Leave to appeal sentence granted
- Appeal dismissed
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Amendola Collection Decisions of the Court of Appeal Date 2023-04-05 Neutral citation 2023 ONCA 242 Docket numbers C70886 Judges Doherty, David H.; van Rensburg, Katherine; Harvison Young, Alison Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: R. v. Amendola, 2023 ONCA 242 DATE: 20230405 DOCKET: C70886 Doherty, van Rensburg and Harvison Young JJ.A. BETWEEN His Majesty the King Respondent and Lori Amendola Appellant Bryan Badali, for the appellant Brent Kettles, for the respondent Heard and released orally: April 4, 2023 On appeal from the sentence imposed by Justice Romuald F. Kwolek of the Ontario Court of Justice on June 1, 2022. REASONS FOR DECISION [1] The trial judge properly identified the legal principles applicable to this kind of offence and this offender. We cannot say that the short period of incarceration imposed by the trial judge was unfit. The sentence imposed by the trial judge demonstrates that he did adhere to the principle of restraint and that he did take into account the significant, relevant mitigating factors, including the appellant’s addiction. [2] Leave to appeal sentence is granted, but the appeal is dismissed. “Doherty J.A.” “K. van Rensburg J.A.” “A. Harvison Young J.A.”