R. v. Fraser
Because the sentencing reasons did not disclose whether pre-sentence custody was taken into account, the reasons reflected an error in principle; leave to appeal was granted, the appeal was allowed and the robbery sentence was reduced by 80 days.
Source-derived case information.
- Citation
- 2011 ONCA 197
- Parties
- Respondent: Her Majesty The Queen; Appellant: Mansa Adisa Fraser
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 15 March 2011
- Procedural Posture
- Criminal / Appeal From Sentence
- Outcome
- Leave to appeal granted; appeal allowed; sentence on robbery charge reduced by 80 days.
- Legal Topics
- Pre Sentence Custody, Error in Principle, Leave to Appeal, Sentence Reduction, Robbery
- 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
Mansa Adisa Fraser
Appellant
Procedural Posture
Criminal / Appeal From Sentence
Legal Issues
- 1 Whether the sentencing judge failed to advert to pre-sentence custody
- 2 Whether the failure to disclose consideration of pre-sentence custody constitutes an error in principle warranting appellate intervention
Ratio Decidendi
Because the sentencing reasons did not disclose whether pre-sentence custody was taken into account, the reasons reflected an error in principle; leave to appeal was granted, the appeal was allowed and the robbery sentence was reduced by 80 days.
Court Disposition
Leave to appeal granted; appeal allowed; sentence on robbery charge reduced by 80 days.
Orders
- Leave to appeal granted
- Appeal allowed
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Fraser Collection Decisions of the Court of Appeal Date 2011-03-15 Neutral citation 2011 ONCA 197 Docket numbers C52262 Judges Simmons, Janet M.; Rouleau, Paul S.; Karakatsanis, Andromache Rhea Subject Criminal Decision Content CITATION: R. v. Fraser, 2011 ONCA 197 DATE: 20110311 DOCKET: C52262 COURT OF APPEAL FOR ONTARIO Simmons, Rouleau and Karakatsanis JJ.A. BETWEEN Her Majesty The Queen Respondent and Mansa Adisa Fraser Appellant Kate Oja, for the appellant Maria Stevens, for the respondent Heard and endorsed: March 8, 2011 On appeal from sentence imposed by Justice Zivolak for the Ontario Court of Justice dated March 17, 2010. APPEAL BOOK ENDORSEMENT [1] The sentencing judge did not advert to pre-sentence custody in her reasons. As the reasons do not disclose whether she took pre-sentence custody into account, in our view, the reasons reflect an error in principle. [2] Leave to appeal is granted. The appeal is allowed and the sentence on the robbery charge is reduced by 80 days.