R. v. Pugliese
The Court held the trial reasons were inadequate so convictions on Counts 3, 4 and 5 were quashed and a new trial ordered; however the inadequacy of reasons did not affect the finding of simple possession on Count 1, for which the appeal was dismissed and a conviction for simple possession substituted with a four...
Source-derived case information.
- Citation
- 2011 ONCA 583
- Parties
- Respondent: Her Majesty The Queen; Appellant: Nicholas Pugliese
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 12 September 2011
- Procedural Posture
- Criminal Appeal / Appeal From Conviction to Court of Appeal
- Outcome
- Appeal allowed in part and dismissed in part: convictions on Counts 3,4,5 quashed and new trial ordered; Count 1 conviction substituted for simple possession and four month imprisonment imposed; ss.109 and 487.05.1 orders vacated
- Legal Topics
- Adequacy of Reasons, New Trial, Conviction Substitution, Simple Possession, Vacation of Ancillary Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty The Queen
Respondent
Nicholas Pugliese
Appellant
Procedural Posture
Criminal Appeal / Appeal From Conviction to Court of Appeal
Legal Issues
- 1 Whether the trial judge's reasons were adequate
- 2 Whether convictions on Counts 3, 4 and 5 should be quashed or a new trial ordered
- 3 Whether the conviction on Count 1 should be maintained or substituted for simple possession
Ratio Decidendi
The Court held the trial reasons were inadequate so convictions on Counts 3, 4 and 5 were quashed and a new trial ordered; however the inadequacy of reasons did not affect the finding of simple possession on Count 1, for which the appeal was dismissed and a conviction for simple possession substituted with a four month sentence; orders under ss. 109 and 487.05.1 were vacated.
Court Disposition
Appeal allowed in part and dismissed in part: convictions on Counts 3,4,5 quashed and new trial ordered; Count 1 conviction substituted for simple possession and four month imprisonment imposed; ss.109 and 487.05.1 orders vacated
Orders
- Quash convictions on Counts 3, 4 and 5 and order a new trial
- Dismiss appeal on Count 1 and substitute conviction for simple possession with a sentence of four months imprisonment (already served)
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Pugliese Collection Decisions of the Court of Appeal Date 2011-09-12 Neutral citation 2011 ONCA 583 Docket numbers C53547 Judges Rosenberg, Marc; MacPherson, James C.; Epstein, Gloria Jean Subject Criminal Decision Content CITATION: R. v. Pugliese, 2011 ONCA 583 DATE: 20110909 DOCKET: C53547 COURT OF APPEAL FOR ONTARIO Rosenberg, MacPherson and Epstein JJ.A. BETWEEN Her Majesty The Queen Respondent and Nicholas Pugliese Appellant Jeffrey Langevin, for the appellant Amber Pashuk, for the respondent Heard and endorsed: September 7, 2011 On appeal from conviction entered by Justice D. Kent Kirkland of the Ontario Court of Justice dated January 11, 2011. APPEAL BOOK ENDORSEMENT [1] We agree with the parties that the reasons are insufficient and that the convictions cannot stand. However, that inadequacy of reasons does not affect a finding of simple possession on Count # 1. [2] Accordingly, the appeal on Counts 3, 4 and 5 is allowed. The convictions quashed and a new trial ordered. [3] On Count # 1, the appeal is dismissed and a conviction for simple possession substituted and the appellant sentenced to four months imprisonment (which we note has already been served). [4] As to the new trial, Crown counsel has stated that the Crown does not intend to proceed with the new trial. [5] The orders under ss. 109 and 487.05.1 are vacated.