R. v. Innes
The appeal was dismissed because the sentencing judge properly took into account the appellant's extensive violent criminal record, repeated non-compliance with court orders, and the pre-sentence report indicating a very high risk of re-offending, making the 18-month sentence fit and not demonstrably unfit.
Source-derived case information.
- Citation
- C35557
- Parties
- Appellant: Robert Innes; Respondent: Her Majesty the Queen
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 22 March 2001
- Procedural Posture
- Criminal / Appeal From Sentence
- Outcome
- Leave to appeal sentence granted; appeal dismissed; sentence upheld
- Legal Topics
- Sentencing, Domestic Violence, Recidivism, Non Compliance With Court Orders, Pre Sentence Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Robert Innes
Appellant
Her Majesty the Queen
Respondent
Procedural Posture
Criminal / Appeal From Sentence
Legal Issues
- 1 Whether the 18-month custodial sentence was fit and not excessive
- 2 Whether the sentencing judge erred in principle by relying on the appellant's prior violent record and non-compliance
- 3 Whether the pre-sentence report and risk of re-offending justified an aggravated sentence
Ratio Decidendi
The appeal was dismissed because the sentencing judge properly took into account the appellant's extensive violent criminal record, repeated non-compliance with court orders, and the pre-sentence report indicating a very high risk of re-offending, making the 18-month sentence fit and not demonstrably unfit.
Court Disposition
Leave to appeal sentence granted; appeal dismissed; sentence upheld
Orders
- Leave to appeal sentence granted
- Appeal dismissed
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Innes Collection Decisions of the Court of Appeal Date 2001-03-22 Docket numbers C35557 Judges McMurtry, Roy; Finlayson, George Duncan; Labrosse, Jean-Marc Subject Criminal Decision Content DATE: 20010322 DOCKET: C35557 COURT OF APPEAL FOR ONTARIO RE: HER MAJESTY THE QUEEN (Respondent) –and– ROBERT INNES (Appellant) BEFORE: McMURTRY C.J.O., FINLAYSON and LABROSSE JJ.A. COUNSEL: Delmar Doucette, for the appellant Alexander Hrybinsky, for the respondent HEARD: March 20, 2001 On appeal from the sentence imposed by Justice Karen E. Johnston dated October 6, 2000. ORAL ENDORSEMENT [1] The sentence would be high for a first offence of domestic violence but the appellant, now aged only 30, has an horrific criminal record for violence against women. This, coupled with a similarly poor record for non-compliance with court orders relating to compliance with recognizances, terms of probation and one of failure to comply with a disposition, merit the sentence of 18 months imprisonment. [2] Additionally, the pre-sentence report states that the appellant presents a very high risk to re-offend. He would benefit, as mentioned by the trial judge, from all programs available to him during his period of incarceration. [3] Leave to appeal sentence is granted but the appeal is dismissed. Signed: “R.R. McMurtry C.J.O.” “G.D. Finlayson J.A.” “J.M. Labrosse J.A.”