R. v. Rodriguez
The trial judge lawfully considered the relevant sentencing factors and reasonably rejected a conditional sentence for the offence of importing cocaine; the appeal against sentence is dismissed.
Source-derived case information.
- Citation
- 2009 ONCA 544
- Parties
- Respondent: Her Majesty the Queen; Appellant: Milagros Saavedra Rodriguez
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 6 July 2009
- Procedural Posture
- Criminal / Appeal From Sentence
- Outcome
- Appeal dismissed; leave to appeal sentence granted but substantive appeal dismissed
- Legal Topics
- Conditional Sentence, Importation of Cocaine, Guilty Plea, Sentence Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Milagros Saavedra Rodriguez
Appellant
Procedural Posture
Criminal / Appeal From Sentence
Legal Issues
- 1 Whether a conditional sentence was appropriate for the offence of importing cocaine
- 2 Whether the trial judge properly considered the appellant's health and guilty plea in sentencing
- 3 Whether the rejection of a conditional sentence was reasonable and consistent with appellate jurisprudence
Ratio Decidendi
The trial judge lawfully considered the relevant sentencing factors and reasonably rejected a conditional sentence for the offence of importing cocaine; the appeal against sentence is dismissed.
Court Disposition
Appeal dismissed; leave to appeal sentence granted but substantive appeal dismissed
Orders
- Leave to appeal sentence granted
- Appeal dismissed
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Rodriguez Collection Decisions of the Court of Appeal Date 2009-07-06 Neutral citation 2009 ONCA 544 Docket numbers C49499 Judges Laskin, John Ivan; Juriansz, Russell G.; Rouleau, Paul S. Subject Criminal Decision Content CITATION: R. v. Rodriguez, 2009 ONCA 544 DATE: 20090703 DOCKET: C49499 COURT OF APPEAL FOR ONTARIO Laskin, Juriansz and Rouleau JJ.A. BETWEEN Her Majesty the Queen Respondent and Milagros Saavedra Rodriguez Appellant Nicholas A. Xynnis, for the appellant Christopher Greene, for the respondent Heard: June 29, 2009 On appeal from the sentence imposed by Justice James J. Keaney of the Ontario Court of Justice on September 24, 2008. APPEAL BOOK ENDORSEMENT [1] The trial judge considered and weighed the relevant factors including the health of the appellant and her plea of guilty. His rejection of a conditional sentence for this offence – importing cocaine – was reasonable and consistent with this court’s jurisprudence. [2] Accordingly, although leave to appeal sentence is granted, the appeal is dismissed.