R. v. Valentini
No palpable and overriding error was shown in the sentencing judge's exercise of discretion; therefore the appellate court will not interfere and the appeal from sentence fails.
Source-derived case information.
- Citation
- C36638
- Parties
- Respondent: Her Majesty the Queen; Appellant: Marla Valentini
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 20 October 2003
- Procedural Posture
- Criminal / Appeal From Convictions and Sentence (court of Appeal)
- Outcome
- Leave to appeal sentence granted; appeal from sentence dismissed; no interference with sentencing judge's discretion.
- Legal Topics
- Conviction Appeal, Sentence Appeal, Sentencing Discretion, Leave to Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Marla Valentini
Appellant
Procedural Posture
Criminal / Appeal From Convictions and Sentence (court of Appeal)
Legal Issues
- 1 Whether the appellate court should interfere with the sentencing judge's exercise of discretion
- 2 Whether leave to appeal the sentence should be granted
Ratio Decidendi
No palpable and overriding error was shown in the sentencing judge's exercise of discretion; therefore the appellate court will not interfere and the appeal from sentence fails.
Court Disposition
Leave to appeal sentence granted; appeal from sentence dismissed; no interference with sentencing judge's discretion.
Orders
- Leave to appeal sentence granted
- Appeal from sentence dismissed
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Valentini Collection Decisions of the Court of Appeal Date 2003-10-20 Docket numbers C36638 Judges Abella, Rosalie Silberman; Feldman, Kathryn N.; Armstrong, Robert Patrick Subject Criminal Decision Content DATE: 20031020 DOCKET: C36638 COURT OF APPEAL FOR ONTARIO RE: HER MAJESTY THE QUEEN (Respondent) - and - MARLA VALENTINI (Appellant) BEFORE: ABELLA, FELDMAN and ARMSTRONG JJ.A. COUNSEL: Tanya Kranjc for the appellant Karey Katzsch for the respondent HEARD & ENDORSED: October 17, 2003 On appeal from the convictions entered by Justice Robert M. Thompson of the Superior Court of Justice, sitting without a jury, dated April 27, 2001 and from the sentence imposed by Justice Robert M. Thompson on June 25, 2001. APPEAL BOOK ENDORSEMENT [1] We see no basis for interfering with the discretion exercised by the sentencing judge. [2] Leave to appeal sentence is granted but the appeal from sentence is dismissed.