R. v. Treacher
Given the gravity of the breaches and the appellant's prior record the trial judge was justified in imposing the sentence and the appellate court will not interfere.
Source-derived case information.
- Citation
- C42203
- Parties
- Respondent: HER MAJESTY THE QUEEN; Appellant: SAMUEL KENNETH TREACHER
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 21 February 2005
- Procedural Posture
- Criminal Appeal / Appeal From Conviction and Sentence
- Outcome
- Leave to appeal sentence granted; appeal dismissed.
- Legal Topics
- Sentence Appeal, Sentencing Principles, Protection of Society, Breach of Conditions, Prior Record
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
HER MAJESTY THE QUEEN
Respondent
SAMUEL KENNETH TREACHER
Appellant
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence
Legal Issues
- 1 Whether the sentence was excessive or manifestly unreasonable
- 2 Whether the trial judge erred in law in weighing protection of society and prior record
- 3 Whether breaches justified the imposed sentence
Ratio Decidendi
Given the gravity of the breaches and the appellant's prior record the trial judge was justified in imposing the sentence and the appellate court will not interfere.
Court Disposition
Leave to appeal sentence granted; appeal dismissed.
Orders
- Leave to appeal sentence granted
- Appeal dismissed
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Treacher Collection Decisions of the Court of Appeal Date 2005-02-21 Docket numbers C42203 Judges Weiler, Karen Merle Magnuson; Goudge, Stephen Thomas; Gillese, Eileen E. Subject Criminal Decision Content DATE: 20050221 DOCKET: C42203 COURT OF APPEAL FOR ONTARIO RE: HER MAJESTY THE QUEEN (Respondent) – and – SAMUEL KENNETH TREACHER (Appellant) BEFORE: WEILER, GOUDGE AND GILLESE JJ.A. COUNSEL: Brian Snell for the appellant John McInnes for the respondent HEARD: February 18, 2005 On appeal from the conviction by Justice J. Peter Coulson of the Ontario Court of Justice dated November 24, 2003 and from the sentence imposed by Justice J. Peter Coulson dated November 24, 2003. APPEAL BOOK ENDORSEMENT [1] Given the gravity of the breaches and the prior record of the appellant the trial judge was entirely justified, keeping in mind the protection of society as one factor, to impose the sentence he did. Leave to appeal sentence granted but appeal dismissed.