R. v. McLean
Given the appellant's age, record and role the joint submission fell within the acceptable sentencing range and did not bring the administration of justice into disrepute; the appellate court allowed the appeal and reduced the custodial sentence to time served while upholding the probation order.
Source-derived case information.
- Citation
- C42539
- Parties
- Respondent: Her Majesty the Queen; Appellant: Sean McLean
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 16 December 2004
- Procedural Posture
- Criminal Appeal / Appeal From Sentence; Leave to Appeal Heard and Decided by Court of Appeal
- Outcome
- Appeal allowed; custodial sentence reduced to time served; probation order upheld.
- Legal Topics
- Joint Submission on Sentence, Leave to Appeal, Probation Order, Reduction to Time Served
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Sean McLean
Appellant
Procedural Posture
Criminal Appeal / Appeal From Sentence; Leave to Appeal Heard and Decided by Court of Appeal
Legal Issues
- 1 Whether the joint sentencing submission was within the acceptable range or would bring the administration of justice into disrepute
- 2 Whether the custodial sentence should be reduced to time served
- 3 Whether the appellant's age, record and role justified the joint submission
Ratio Decidendi
Given the appellant's age, record and role the joint submission fell within the acceptable sentencing range and did not bring the administration of justice into disrepute; the appellate court allowed the appeal and reduced the custodial sentence to time served while upholding the probation order.
Court Disposition
Appeal allowed; custodial sentence reduced to time served; probation order upheld.
Orders
- Leave to appeal granted
- Appeal allowed
Full Case Text
Judgment text and source record
1 paragraphs
R. v. McLean Collection Decisions of the Court of Appeal Date 2004-12-16 Docket numbers C42539 Judges Rosenberg, Marc; Moldaver, Michael James; Simmons, Janet M. Subject Criminal Decision Content DATE: 20041216 DOCKET: C42539 COURT OF APPEAL FOR ONTARIO RE: HER MAJESTY THE QUEEN (Respondent) – and – SEAN MCLEAN (Appellant) BEFORE: ROSENBERG, MOLDAVER and SIMMONS JJ.A. COUNSEL: Timothy E. Breen for the appellant Joan Barrett for the respondent HEARD & ENDORSED: December 2, 2004 On appeal from sentence imposed by Justice Jon-Jo A. Douglas of the Ontario Court of Justice dated August 24, 2004. APPEAL BOOK ENDORSEMENT [1] Given the appellant’s age, record and role in the offence the sentence proposed in the joint submission was not out of the range and would not bring the administration of justice into disrepute. [2] Accordingly, leave to appeal is granted, the appeal is allowed and the custodial sentence reduced to time served. The probation order will stand.