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Ont. C.A. considered whether a mistaken-identity arrest was lawful, and whether drugs and a gun found on the appellant should be excluded under s. 24(2).
The sentencing judge lawfully considered collateral immigration consequences but reasonably concluded that given the gravity of the firearms and threatening offences, the appellant's high moral culpability, lack of remorse and limited rehabilitative information, there was no principled, proportionate way to impose a conditional or artificially reduced sentence to avoid deportation; the judge did not err in declining a CSO nor in the aggregate sentence, and the appeal is dismissed.
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Leave to appeal the sentence was granted but bail pending appeal was denied because the appellant failed to meet the statutory test: the appeal lacked sufficient merit to make detention unduly harsh given the Crown's offer to expedite the appeal, and the appellant's detention is necessary in the public interest because affidavit evidence and conduct on bail and in custody demonstrated a real risk to public safety (intimate partner violence, attitude towards violence against women, substance misuse, and unsecured loaded firearms in the presence of a minor); enforceability interest was high and…
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The Court of Appeal for Ontario dismissed Amanda Lee Batisse’s sentence appeal, holding that the five-year sentence was fit and effectively the statutory minimum.
The Ontario Court of Appeal granted leave to appeal but dismissed the sentence appeal, upholding a 7-year global sentence for loaded firearm possession and denying Downes credit.
Sentencing reasons in a firearms case where the offender received a two-years-less-one-day conditional sentence, based on Gladue factors and exceptional rehabilitation.
The appeals were dismissed because the trial judge reasonably found, on the totality of the circumstantial evidence and permissible inferences from the safe-house context and personal items linking appellants to the residence, that the Crown proved constructive possession beyond a reasonable doubt; there was no misapprehension of evidence nor unreasonable verdict warranting appellate intervention.
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Sentencing reasons on a joint submission for multiple firearms offences, with concurrent and consecutive terms, forfeiture, a DNA order, and a weapons prohibition.
The bail judge made material legal errors by failing to consider the merits of the conviction appeal and by disregarding the Crown's specific public-safety inquiries and findings; the conviction appeal (notably on the use of partial text messages) clearly surpasses the 'not frivolous' threshold and public safety concerns are negligible given compliance history, credible sureties and no police/victim-witness concerns, therefore the reviewability interest outweighs enforceability and bail must be granted on the parties' agreed terms.
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The sentencing judge erred in principle by placing undue weight on rehabilitation and failing to identify sufficient exceptional circumstances to justify a non‑custodial sentence for possession where the firearm was discharged; the conditional sentence imposed was demonstrably unfit and departed unreasonably from the proportionality principle, but in the unique circumstances of this case—where the respondent had already served a substantial portion of the conditional sentence and shown continued rehabilitation—the Crown’s appeal was dismissed and the existing conditional sentence and probatio…
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