R. v. Krzyworaczka
The Court held that the global sentence, taking into account the credit for pretrial custody, was within the appropriate range; the sentence for aggravated assault was fit given the near-fatal shooting and the appellant's probationary status and weapons prohibition; and the appellant's post-sentence conduct did not...
Source-derived case information.
- Citation
- C43258
- Parties
- Respondent: HER MAJESTY THE QUEEN; Appellant: MICHAEL STEVEN KRZYWORACZKA
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 17 January 2006
- Procedural Posture
- Criminal / Appeal From Sentence
- Outcome
- Leave to appeal granted; appeal dismissed.
- Legal Topics
- Pre Trial Custody Credit, Aggravated Assault, Probation and Weapons Prohibition, Post Sentence Conduct
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
HER MAJESTY THE QUEEN
Respondent
MICHAEL STEVEN KRZYWORACZKA
Appellant
Procedural Posture
Criminal / Appeal From Sentence
Legal Issues
- 1 Whether the global sentence with credit for pretrial custody was within the appropriate range
- 2 Whether the sentence imposed for aggravated assault was fit
- 3 Whether the appellant's post-sentence conduct justified reduction of the sentence
Ratio Decidendi
The Court held that the global sentence, taking into account the credit for pretrial custody, was within the appropriate range; the sentence for aggravated assault was fit given the near-fatal shooting and the appellant's probationary status and weapons prohibition; and the appellant's post-sentence conduct did not provide a basis to reduce the sentence.
Court Disposition
Leave to appeal granted; appeal dismissed.
Orders
- Leave to appeal granted
- Appeal dismissed; sentence affirmed
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Krzyworaczka Collection Decisions of the Court of Appeal Date 2006-01-17 Docket numbers C43258 Judges Doherty, David H.; Sharpe, Robert J.; Juriansz, Russell G. Subject Criminal Decision Content DATE: 20060116 DOCKET: C43258 COURT OF APPEAL FOR ONTARIO RE: HER MAJESTY THE QUEEN (Respondent) v. MICHAEL STEVEN KRZYWORACZKA (Appellant) BEFORE: DOHERTY, SHARPE and JURIANSZ JJ.A. COUNSEL: Constance Baran-Gerez for the appellant Tracy Stapleton for the respondent HEARD & ENDORSED: January 13, 2006 On appeal from the sentence imposed by Justice O’Dea of the Ontario Court of Justice dated March 6, 2003. APPEAL BOOK ENDORSEMENT [1] In our view, the global sentence imposed having regard to the credit given for pretrial custody was well within the appropriate range. The sentence imposed on the aggravated assault was also fit. The offence involved the near fatal shooting of the appellant’s fiancée. He was on probation and subject to a weapons prohibition order at the time of the offence. His post-sentence conduct offers no basis upon which to reduce the sentences imposed by the trial judge. [2] Leave to appeal is granted and the appeal is dismissed.