R. v. Oladimeji
The trial judge materially misapprehended the evidence by treating the assault as an attack on a stranger when it arose from a drug transaction; that misapprehension was an error in principle necessitating fresh appellate sentencing, and the appropriate sentence is two years' imprisonment in addition to four months'...
Source-derived case information.
- Citation
- 2012 ONCA 19
- Parties
- Respondent: Her Majesty the Queen; Appellant: Olayikanmi Oladimeji
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 11 January 2012
- Procedural Posture
- Criminal / Appeal From Sentence
- Outcome
- Appeal allowed in part; sentence varied.
- Legal Topics
- Assault With a Weapon, Misapprehension of Evidence, Fitness of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Olayikanmi Oladimeji
Appellant
Procedural Posture
Criminal / Appeal From Sentence
Legal Issues
- 1 Whether the trial judge misapprehended the evidence
- 2 Whether the misapprehension was material to the sentencing determination
- 3 What is the appropriate sentence for a serious assault with a weapon given the offender's record and pre-trial custody credit
Ratio Decidendi
The trial judge materially misapprehended the evidence by treating the assault as an attack on a stranger when it arose from a drug transaction; that misapprehension was an error in principle necessitating fresh appellate sentencing, and the appropriate sentence is two years' imprisonment in addition to four months' pre-trial custody credit.
Court Disposition
Appeal allowed in part; sentence varied.
Orders
- Sentence varied to two years' imprisonment; four months pre-trial custody credited.
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Oladimeji Collection Decisions of the Court of Appeal Date 2012-01-11 Neutral citation 2012 ONCA 19 Docket numbers C54066 Judges Winkler, Warren Keith; Doherty, David H.; Goudge, Stephen Thomas Subject Criminal Decision Content CITATION: R. v. Oladimeji, 2012 ONCA 19 DATE: 20120111 DOCKET: C54066 COURT OF APPEAL FOR ONTARIO Winkler C.J.O., Doherty and Goudge JJ.A. BETWEEN Her Majesty the Queen Respondent and Olayikanmi Oladimeji Appellant Andrew Furgiuele, for the appellant Scott Latimer, for the respondent Heard: January 10, 2012 On appeal from the sentence imposed by Justice J.C. Moore of the Ontario Court of Justice dated July 15, 2010. APPEAL BOOK ENDORSEMENT [1] The trial judge misapprehended the evidence. This was not an attack on a stranger as indicated by the trial judge on three occasions in his reasons. The assault occurred in the course of a drug transaction. [2] The misapprehension of the evidence was material to the determination of the sentence and constitutes an error in principle. We must, therefore, examine the fitness of sentence afresh. [3] This was a serious assault with a weapon (a brick). The victim suffered injuries of some significance. The appellant has a lengthy record, although his longest prior sentence was a one-year term. [4] We are satisfied that a sentence of two years, in addition to the four months pre-trial custody, is a fit sentence in the circumstances. The sentence is varied accordingly.