R. c. Leroux

R. c. Leroux

The Court held the guilty pleas were voluntary, informed and supported by the facts; the joint 16‑month sentence was within the range of reasonable outcomes, not contrary to the public interest, and the sentencing judge properly applied sentencing principles including consideration of the offender's record and...

Source-derived case information.

Citation
2012 ONCA 922
Parties
Respondent: Sa Majesté La reine; Appellant: Serge Leroux
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
23 November 2012
Procedural Posture
Criminal / Appeal Against Conviction and Sentence (court of Appeal)
Outcome
Appeal against conviction dismissed; leave to appeal sentence granted but appeal of sentence dismissed.
Legal Topics
Drug Offences, Sentencing, Guilty Plea, Joint Plea Agreement, Appeal
Source Language
fr
Criminal Law Drug Offences Sentencing Guilty Plea Joint Plea Agreement Appeal

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Parties

Sa Majesté La reine

Respondent

Serge Leroux

Appellant

Procedural Posture

Criminal / Appeal Against Conviction and Sentence (court of Appeal)

  1. 1 Whether the guilty pleas should be withdrawn
  2. 2 Whether the 16‑month joint‑submission sentence was excessive
  3. 3 Whether the sentencing judge erred in ordering consecutive rather than concurrent elements or failing to fully credit mitigation

Ratio Decidendi

The Court held the guilty pleas were voluntary, informed and supported by the facts; the joint 16‑month sentence was within the range of reasonable outcomes, not contrary to the public interest, and the sentencing judge properly applied sentencing principles including consideration of the offender's record and totality, therefore the convictions and sentence stand.

Court Disposition

Appeal against conviction dismissed; leave to appeal sentence granted but appeal of sentence dismissed.

Orders

  • Conviction appeal dismissed
  • Authorization to appeal sentence granted