R. v. Gotzamanis
The appeal is dismissed because the sentencing judge made clear at submissions that probation was under consideration, there was no procedural unfairness or demonstrated prejudice from any change of position, the appellant did not challenge his plea, and therefore there was no basis for interference with the...
Source-derived case information.
- Citation
- 2019 ONCA 298
- Parties
- Respondent: Her Majesty the Queen; Appellant: Steven Gotzamanis
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 15 April 2019
- Procedural Posture
- Criminal / Appeal From Sentence (ontario Court of Justice, Sentence Imposed Oct 11, 2018)
- Outcome
- Appeal dismissed; probation order upheld.
- Legal Topics
- Probation Conditions, Procedural Fairness, Contact Prohibitions, Appeal From Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Steven Gotzamanis
Appellant
Procedural Posture
Criminal / Appeal From Sentence (ontario Court of Justice, Sentence Imposed Oct 11, 2018)
Legal Issues
- 1 Whether the probation order prohibiting contact with the appellant's parents was procedurally unfair due to an alleged change in the judge's position from the J.P.T.
- 2 Whether there was a basis for appellate interference with the probation order
Ratio Decidendi
The appeal is dismissed because the sentencing judge made clear at submissions that probation was under consideration, there was no procedural unfairness or demonstrated prejudice from any change of position, the appellant did not challenge his plea, and therefore there was no basis for interference with the probation order prohibiting contact with his parents.
Court Disposition
Appeal dismissed; probation order upheld.
Orders
- Appeal dismissed.
- Probation order prohibiting the appellant from contacting his parents remains in force.
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Gotzamanis Collection Decisions of the Court of Appeal Date 2019-04-15 Neutral citation 2019 ONCA 298 Docket numbers C66201 Judges Benotto, Mary Lou; Brown, David M.; Fairburn, J. Michal Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: R. v. Gotzamanis, 2019 ONCA 298 DATE: 20190412 DOCKET: C66201 Benotto, Brown and Fairburn JJ.A. BETWEEN Her Majesty the Queen Respondent and Steven Gotzamanis Appellant Peter Copeland, duty counsel Steven Gotzamanis, in person Michael Fawcett, for the Crown Heard: April 9, 2019 On appeal from the sentence imposed on October 11, 2018 by Justice Peter Bourque of the Ontario Court of Justice. APPEAL BOOK ENDORSEMENT [1] The appellant challenges the terms of a probation order prohibiting him from contacting his parents. He bases the appeal on the sentencing judge’s change of position from the impression he gave during the J.P.T. He claims this prejudiced him because he did not have the opportunity to make submissions. [2] We do not accept this argument. [3] It was clear during sentencing submissions that probation had not been decided and the sentencing judge was considering imposing it. [4] There was no procedural unfairness. The appellant has not challenged his plea. There is no basis to interfere with the probation order. We note that it is open to the parents to consent to contact. [5] The appeal is dismissed.