R. v. Calovic
The appeal is dismissed because the trial judge properly weighed the evidence, did not misapply the burden or standard of proof, and the sentence imposed reflected no error in principle and fell within the appropriate range consistent with sentencing objectives.
Source-derived case information.
- Citation
- 2011 ONCA 542
- Parties
- Respondent: Her Majesty the Queen; Appellant: Thomas Milo Calovic
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 2 August 2011
- Procedural Posture
- Criminal / Appeal From Conviction and Sentence
- Outcome
- Appeal dismissed; leave to appeal sentence granted but appeal from sentence dismissed.
- Legal Topics
- Appeal Against Conviction, Sentence Appeal, Standard of Proof, Weighing of Evidence, Sentencing Principles
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Thomas Milo Calovic
Appellant
Procedural Posture
Criminal / Appeal From Conviction and Sentence
Legal Issues
- 1 Whether the trial judge misapplied the burden or standard of proof
- 2 Whether the trial judge improperly weighed the evidence
- 3 Whether the sentence imposed was erroneous in principle or unfit
Ratio Decidendi
The appeal is dismissed because the trial judge properly weighed the evidence, did not misapply the burden or standard of proof, and the sentence imposed reflected no error in principle and fell within the appropriate range consistent with sentencing objectives.
Court Disposition
Appeal dismissed; leave to appeal sentence granted but appeal from sentence dismissed.
Orders
- Appeal from conviction dismissed.
- Leave to appeal sentence granted.
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Calovic Collection Decisions of the Court of Appeal Date 2011-08-02 Neutral citation 2011 ONCA 542 Docket numbers C52759 Judges Feldman, Kathryn N.; Blair, Robert Ashley; Watt, David Subject Criminal Decision Content CITATION: R. v. Calovic, 2011 ONCA 542 DATE: 20110802 DOCKET: C52759 COURT OF APPEAL FOR ONTARIO Feldman, Blair and Watt JJ.A. BETWEEN Her Majesty the Queen Respondent and Thomas Milo Calovic Appellant Jack McCulligh, for the appellant Matthew Asma, for the respondent Heard and released orally: July 28, 2011 On appeal from the conviction entered on July 20, 2010, and the sentence imposed on November 3, 2010, by Justice John McMahon of the Superior Court of Justice, sitting without a jury. ENDORSEMENT [1] The trial judge’s reasons reflect the proper weighing of the evidence adduced, no misapplication of the burden or standard of proof, and they are fully supported by the evidence. [2] As to sentence, we are satisfied that the sentence imposed reflects no error in principle, falls within the range of sentences appropriate for the circumstances of this offence and offender, and is consistent with the governing sentencing objectives, principles, and factors. [3] The appeal from conviction is dismissed. Leave to appeal sentence is granted but the appeal from sentence is also dismissed. “K. Feldman J.A.” “R. A. Blair J.A.” “David Watt J.A.”