Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Canada decisions
Decisions matching the current search
The Court of Appeal for Ontario allowed the sentence appeal in part, reducing a lifetime driving prohibition to ten years and nine months and refusing a work-related carve-out.
The court sentenced Brent Jameson Morgan to 912 days in custody for flight from police and dangerous driving, with Gladue factors reducing the Crown's proposed range.
Sentence dans une affaire de vols, harcèlement criminel, défauts de comparaître et infractions violentes commises dans un contexte de dépendance à la méthamphétamine.
Leave to appeal was granted and the appeal was allowed in part: the Court agreed the SCAC did not err in finding the Provincial Court judge improperly took judicial notice of traffic volumes and upheld imposition of minimum fines and probation, but varied the SCAC order to backdate the 30‑month driving prohibition to the original sentencing date of April 28, 2016.
Source excerpt
The Court held the sentencing judge did not err in principle: she properly applied the gap principle in context given evidence of ongoing excessive drinking and driving during the gap, she considered but permissibly limited the weight of the appellant's health evidence against the seriousness of the offence and extensive prior record, and she was entitled to consider the appellant's involvement in an accident for sentencing despite an acquittal on impaired operation; accordingly the five year global sentence was not set aside.
Source excerpt
The court applied the compensatory interpretation of s.719(3.1) (following R. v. Johnson and R. v. Dann) and granted an enhanced remand credit at 1.5:1 (139 days remand = 209 days credit/6 months 27 days). Balancing aggravating factors (prior record, prior fatality causing driving prohibition, breach of probation, unsafe vehicle, reversal into an officer, possession of a knife) against mitigating factors (youth, guilty plea, signs of maturation and pro‑social progress, psychiatric assessment), the court imposed a global custodial sentence of nine months (four months concurrent for breach of p…
Source excerpt
Sentence appeal not at issue; in oral reasons, the court imposed a three-year global custodial sentence for theft, criminal negligence causing bodily harm, and leaving the scene.
Leave to appeal was refused because no legal issue of sufficient importance or general application was demonstrated, the issues were litigated below without error, and the proposed appeal was confined to its singular facts.
Source excerpt
Given the fresh evidence of particular hardship (loss of livelihood and age-related employment prospects) and the absence of prior criminal or driving record, the two-year driving prohibition was excessive and should be reduced to one year.
Source excerpt
The Court of Appeal upheld a four-year sentence for a series of theft, dangerous driving and obstruction offences, holding the sentence fit and public protection paramount.
Explore more
