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 sentencing judge did not commit an error of principle or law; the 18‑month probation order with the imposed conditions is fit, proportionate and not demonstrably unfit, and a conditional discharge would have been contrary to the public interest; appeal dismissed.
Source excerpt
The Ontario Court of Appeal dismissed Kenneth Greer’s sentence appeal and upheld a five-year global sentence for offences arising from escalating intimate partner violence and firearms offenses.
An 18-month Conditional Sentence Order with onerous conditions, followed by two years probation, is a fit and proportionate sentence because the offender is a youthful first offender with low risk of reoffending and high rehabilitative potential, the CSO can deliver denunciation and deterrence through lengthy, restrictive community confinement, and imprisonment in custody is unnecessary to protect the public or satisfy sentencing objectives despite the serious injury and aggravating IPV context.
Source excerpt
The appeal is dismissed because the trial judge did not err: the VIS did not disclose a plain and obvious inconsistency that would meet the Palmer fresh evidence threshold to vacate a conviction; the s.276 application was correctly dismissed because the sexual relationship evidence lacked probative value on disputed issues and would invite prohibited inference; and the credibility findings were open on the evidence and entitled to deference and not palpably wrong.
Source excerpt
The Court Martial Appeal Court dismissed Sergeant Turner’s appeal, upholding his sexual assault conviction and sentence and rejecting adjournment, cross-examination, and impartiality arguments.
The victim impact statement did not constitute fresh evidence because the complainant's motive and generalized bias were fully explored and found credible at trial; the statement added nothing new that, if believed, could reasonably be expected to have affected the verdict, therefore the motion to reopen was dismissed.
Source excerpt
The Court deferred to the Ontario Review Board's reasonable judgment that, balancing the appellant's interests and victim safety under s.672.542, it was not premature to impose a condition barring attendance within 250 metres of the mother's home; the condition was not an undue restriction on liberty and the appeal was dismissed.
Source excerpt
The Court of Appeal upheld James Fisher’s sentence for breach of trust and sexual exploitation, finding no error in relying on the victim impact statement and no demonstrable unfitness in the consecutive term.
Sentence for dangerous driving causing bodily harm was suspended and replaced with three years’ probation, a three-year driving ban, community work, treatment, and a DNA order.
The Court dismissed the conviction and sentence appeals because the trial judge’s credibility findings concerning the defence witness were reasonable and not tainted by palpable and overriding error; the alleged inconsistencies and collusion were properly considered and rejected; the proposed fresh evidence was inadmissible because it would not reasonably have affected sentence and the applicant lacked due diligence; the 30‑month concurrent sentence was fit and is affirmed.
Source excerpt
Explore more
