R. v. Villeneuve
The trial judge did not err in declining to order a psychological assessment because such an assessment would not have been relevant to the factual determinations at trial; the appeal is dismissed and the sentence is affirmed.
Source-derived case information.
- Citation
- 2016 ONCA 743
- Parties
- Respondent: Her Majesty the Queen; Appellant: Maurice Villeneuve
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 11 October 2016
- Procedural Posture
- Criminal / Appeal From Conviction and Sentence
- Outcome
- Appeal dismissed
- Legal Topics
- Psychological Assessment, Trial Judge Duties, Relevance of Psychiatric Evidence, Conviction, Sentencing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Maurice Villeneuve
Appellant
Procedural Posture
Criminal / Appeal From Conviction and Sentence
Legal Issues
- 1 Whether the trial judge erred in failing to order a psychological assessment prior to trial
- 2 Whether the sentence imposed was unfit
Ratio Decidendi
The trial judge did not err in declining to order a psychological assessment because such an assessment would not have been relevant to the factual determinations at trial; the appeal is dismissed and the sentence is affirmed.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- Conviction and sentence affirmed
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Villeneuve Collection Decisions of the Court of Appeal Date 2016-10-11 Neutral citation 2016 ONCA 743 Docket numbers C60420 Judges MacPherson, James C.; Epstein, Gloria Jean; Lauwers, Peter D. Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: R. v. Villeneuve, 2016 ONCA 743 DATE: 20161011 DOCKET: C60420 MacPherson, Epstein and Lauwers JJ.A. BETWEEN Her Majesty the Queen Respondent and Maurice Villeneuve Appellant Margaret Bojanowska, for the appellant Jocelyn Speyer, for the respondent Heard: October 3, 2016 On appeal from the conviction entered on January 15, 2015 and the sentence imposed on February 4, 2015 by Justice W. G. Rabley of the Ontario Court of Justice. APPEAL BOOK ENDORSEMENT [1] Mr. Villeneuve argues the trial judge erred in failing to have him psychologically assessed in preparation for his trial. Such an assessment would not have been relevant to the factual determinations made at his trial on which he was convicted. The appellant made no argument concerning his sentence which in our view is a fit sentence for very serious crimes. [2] The appeal is dismissed.