R. v. Aquino
The original 18 month sentence was below the acceptable range; the appropriate range was 3 to 5 years, and given the extremely serious circumstances the proper sentence is 4 years imprisonment. Correctional authorities must assess and provide the respondent with essential health care and rehabilitative treatment...
Source-derived case information.
- Citation
- C38297
- Parties
- Applicant/appellant: Her Majesty the Queen; Respondent: Rodolpho Aquino
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 24 September 2002
- Procedural Posture
- Criminal / Appeal From Sentence
- Outcome
- Application for leave to appeal granted; appeal allowed; sentence varied.
- Legal Topics
- Sentencing, Correctional Health Care, Appeal From Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Applicant/appellant
Rodolpho Aquino
Respondent
Procedural Posture
Criminal / Appeal From Sentence
Legal Issues
- 1 Appropriate sentence range for the offence
- 2 Effect of offender's serious medical condition on sentencing and custody
- 3 Obligations of correctional authorities to provide essential health care
Ratio Decidendi
The original 18 month sentence was below the acceptable range; the appropriate range was 3 to 5 years, and given the extremely serious circumstances the proper sentence is 4 years imprisonment. Correctional authorities must assess and provide the respondent with essential health care and rehabilitative treatment under the Corrections and Conditional Release Act.
Court Disposition
Application for leave to appeal granted; appeal allowed; sentence varied.
Orders
- Application for leave to appeal the sentence granted
- Appeal allowed
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Aquino Collection Decisions of the Court of Appeal Date 2002-09-24 Docket numbers C38297 Judges O’Connor, Dennis; Cronk, Eleanore Ann; Armstrong, Robert Patrick Subject Criminal Decision Content DATE: 20020924 DOCKET: C38297 COURT OF APPEAL FOR ONTARIO RE: HER MAJESTY THE QUEEN (Applicant/Appellant) v. RODOLPHO AQUINO (Respondent) BEFORE: O’CONNOR A.C.J.O., CRONK and ARMSTRONG JJ.A. COUNSEL: Philip Downes, for the appellant Joseph Wilkinson, for the respondent HEARD: September 19, 2002 ORALLY RELEASED: September 19, 2002 On appeal from the sentence imposed by Justice Robert Scott on May 8, 2002. ENDORSEMENT [1] The respondent concedes that the sentence of 18 months imprisonment fell below the acceptable range for this type of offence. Taking into consideration the serious stroke suffered by the respondent after the imposition of sentence, the Crown submits that the appropriate range is 3 to 5 years. We agree. Given the extremely serious circumstances underlying the offence, it is our view that a term of imprisonment of 4 years is the appropriate sentence. [2] The respondent is seriously disabled and will require special care and rehabilitative therapy for the duration of the time he will spend in custody. The correctional authorities are obliged under the Corrections and Conditional Release Act to provide inmates with essential health care. For that purpose, the respondent should be assessed immediately and appropriate steps taken to provide the proper medical care, including the rehabilitative treatment which the evidence indicates that the respondent requires. [3] In the result, the application for leave to appeal the sentence is granted, the appeal is allowed, and the sentence is varied to be one of 4 years imprisonment. “Dennis O’Connor A.C.J.O.” “E.A. Cronk J.A.” “Robert P. Armstrong J.A.”