R. v. Souetov
The Court held the 10-year prohibition order was not unreasonable and should be upheld, but accepted the parties' agreed variation to permit the appellant to attend the proscribed public places in the company of an adult over the age of 18; the sentence appeal was otherwise dismissed.
Source-derived case information.
- Citation
- C44984
- Parties
- Respondent: Her Majesty the Queen; Appellant: Vladimir Souetov
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 11 December 2006
- Procedural Posture
- Criminal / Appeal From Sentence
- Outcome
- 10-year prohibition order upheld; variation granted to permit attendance in company of an adult over 18; sentence appeal otherwise dismissed.
- Legal Topics
- Sentence Length, Variation of Prohibition Order, Appellate Standard of Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Vladimir Souetov
Appellant
Procedural Posture
Criminal / Appeal From Sentence
Legal Issues
- 1 Whether the 10-year prohibition order was unreasonable
- 2 Whether the prohibition order should be varied to permit attendance at proscribed public places in the company of an adult
- 3 Standard of review for appellate interference with discretionary sentencing decisions
Ratio Decidendi
The Court held the 10-year prohibition order was not unreasonable and should be upheld, but accepted the parties' agreed variation to permit the appellant to attend the proscribed public places in the company of an adult over the age of 18; the sentence appeal was otherwise dismissed.
Court Disposition
10-year prohibition order upheld; variation granted to permit attendance in company of an adult over 18; sentence appeal otherwise dismissed.
Orders
- Paragraph (a) of the prohibition order is varied by adding the words "except in the company of an adult over the age of 18."
- Sentence appeal dismissed
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Souetov Collection Decisions of the Court of Appeal Date 2006-12-11 Docket numbers C44984 Judges Doherty, David H.; Laskin, John Ivan; Armstrong, Robert Patrick Subject Criminal Decision Content DATE: 20061208 DOCKET: C44984 COURT OF APPEAL FOR ONTARIO RE: HER MAJESTY THE QUEEN (Respondent) – and – VLADIMIR SOUETOV (Appellant) BEFORE: DOHERTY, LASKIN and ARMSTRONG JJ.A. COUNSEL: Timothy Breen for the appellant Lisa Joyal for the respondent HEARD & ENDORSED: December 4, 2006 On appeal from the sentence imposed by Justice Frederic Campling of the Ontario Court of Justice, on February 1, 2006. APPEAL BOOK ENDORSEMENT [1] The appellant appeals the length of the prohibition order and also asks that it be varied by including a term that would permit him to attend the proscribed public places in the company of an adult. The Crown does not oppose this variation but maintains that we should not reduce the 10-year length of the order. [2] The trial judge’s determination to impose a 10-year order was obviously a discretionary decision and the usual appellate deference to discretionary decision applies. [3] Although we commend the appellant for taking steps to address his underlying problems, in the light of the serious nature of the offence, we are not persuaded that a 10-year order is unreasonable. However, we accept the parties’ agreement to vary the terms of the order as outlined above. [4] Accordingly, paragraph (a) of the prohibition order at page 9 of the appeal book is varied by adding the words “except in the company of an adult over the age of 18.” The sentence appeal is otherwise dismissed.