R. v. Moore
The trial judge’s global sentence was appropriate given the offender’s record and offence characteristics, but the judge erred by failing to credit pre-sentence custody; accordingly the Court allowed the appeal in part and reduced the sentence on count #6 to 22 months imprisonment.
Source-derived case information.
- Citation
- 2011 ONCA 413
- Parties
- Respondent: Her Majesty The Queen; Appellant: Trevor Moore
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 31 May 2011
- Procedural Posture
- Criminal Appeal / Appeal From Sentence (court of Appeal Decision)
- Outcome
- Appeal allowed in part; leave to appeal sentence granted; sentence on count #6 reduced to 22 months imprisonment.
- Legal Topics
- Pre Sentence Custody Credit, Global Sentence, Probation, Drug Offences, Leave to Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty The Queen
Respondent
Trevor Moore
Appellant
Procedural Posture
Criminal Appeal / Appeal From Sentence (court of Appeal Decision)
Legal Issues
- 1 Whether the trial judge erred in failing to credit pre-sentence custody
- 2 Whether the global sentence was demonstrably unfit or otherwise erroneous
- 3 Whether leave to appeal sentence should be granted
Ratio Decidendi
The trial judge’s global sentence was appropriate given the offender’s record and offence characteristics, but the judge erred by failing to credit pre-sentence custody; accordingly the Court allowed the appeal in part and reduced the sentence on count #6 to 22 months imprisonment.
Court Disposition
Appeal allowed in part; leave to appeal sentence granted; sentence on count #6 reduced to 22 months imprisonment.
Orders
- Leave to appeal sentence granted
- Appeal allowed in part
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Moore Collection Decisions of the Court of Appeal Date 2011-05-31 Neutral citation 2011 ONCA 413 Docket numbers C52393 Judges Rosenberg, Marc; Lang, Susan Elizabeth; Watt, David Subject Criminal Decision Content CITATION: R. v. Moore, 2011 ONCA 413 DATE: 20110530 DOCKET: C52393 COURT OF APPEAL FOR ONTARIO Rosenberg, Lang and Watt JJ.A. BETWEEN Her Majesty The Queen Respondent and Trevor Moore Appellant Brian Snell, for the appellant Brian G. Puddington, for the respondent Heard and endorsed: May 20, 2011 On appeal from sentence imposed by Justice Lawrence J. Klein of the Ontario Court of Justice dated December 9, 2009. APPEAL BOOK ENDORSEMENT [1] We see no error with the global sentence given the appellant’s record, the nature of the drugs and that the appellant was on probation at the time for the same offence. [2] We do agree with counsel that the trial judge erred in failing to give credit for the pre-sentence custody. Accordingly, the sentence on count # 6 is reduced to 22 months imprisonment. Leave to appeal sentence is granted, the appeal is allowed and the sentence reduced accordingly.