R. v. Bolton
The Court concluded that the five-year prohibition on possession of firearms, ammunition or gunpowder was appropriate despite the appellant having been subject to a 4.5-year pre-trial prohibition and therefore refused to reduce the prohibition.
Source-derived case information.
- Citation
- C38762
- Parties
- Respondent: Her Majesty the Queen; Appellant: William John Bolton
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 5 March 2004
- Procedural Posture
- Criminal / Appeal From Sentence
- Outcome
- Leave to appeal sentence granted; appeal dismissed
- Legal Topics
- Sentencing, Firearms Prohibition, Pre Trial Prohibition Credit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
William John Bolton
Appellant
Procedural Posture
Criminal / Appeal From Sentence
Legal Issues
- 1 Whether the five-year firearms possession prohibition should be reduced because the appellant was subject to a 4.5-year pre-trial prohibition
- 2 Whether the total length of the prohibition was appropriate
Ratio Decidendi
The Court concluded that the five-year prohibition on possession of firearms, ammunition or gunpowder was appropriate despite the appellant having been subject to a 4.5-year pre-trial prohibition and therefore refused to reduce the prohibition.
Court Disposition
Leave to appeal sentence granted; appeal dismissed
Orders
- Leave to appeal sentence granted
- Appeal dismissed
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Bolton Collection Decisions of the Court of Appeal Date 2004-03-05 Docket numbers C38762 Judges Feldman, Kathryn N.; Sharpe, Robert J.; McCombs, John David Subject Criminal Decision Content DATE: 20040305 DOCKET: C38762 COURT OF APPEAL FOR ONTARIO RE: HER MAJESTY THE QUEEN (Respondent) - and - WILLIAM JOHN BOLTON (Appellant) BEFORE: FELDMAN, SHARPE JJ.A. and McCOMBS J. (ad hoc) COUNSEL: Edward L. Burlew for the appellant Kim Crosbie for the respondent HEARD & ENDORSED: March 5, 2004 On appeal from sentence imposed by Justice Alfred Stong of the Superior Court of Justice on August 15, 2002. APPEAL BOOK ENDORSEMENT [1] The appellant seeks a reduction in the portion of the sentence where the trial judge imposed a five-year prohibition on the possession of firearms, ammunition or gunpowder. The appellant seeks this reduction because he was prohibited from such possession for a period of four and a half years pre-trial. We would not give effect to this submission. In our view, the total length of the prohibition was entirely appropriate in the circumstances of this offence. Leave to appeal sentence is granted but the appeal is dismissed. Signed: "K. Feldman J.A."