Summary conviction appeal judge had no jurisdiction to order fresh sentencing hearing

Ontario criminal | Appeal

PROCEDURE

Summary conviction appeal judge had no jurisdiction to order fresh sentencing hearing

Accused was convicted of sexual assault and sexual touching and sentenced to total of six months’ imprisonment. Complainants were 12 and 16 years old at time of offences and were friends of accused’s stepdaughter. At sentencing hearing, trial judge refused to permit accused’s counsel to cross-examine complainants on their victim impact statements. Summary conviction appeal judge dismissed appeal from conviction but allowed appeal from sentence on ground that trial judge had erred by refusing to permit cross-examination on victim impact statements and remitted matter to trial court to hold fresh sentencing hearing. Crown sought leave to appeal on ground that summary conviction appeal judge had no jurisdiction to remit matter for fresh sentencing hearing and that he also erred in finding that trial judge should have permitted cross-examination on victim impact statements. Leave to appeal granted; appeal allowed; original sentence restored. It was conceded that summary conviction appeal judge erred in remitting matter to trial judge to hold fresh sentencing hearing: summary conviction appeal judge had no jurisdiction pursuant to relevant provisions of Criminal Code governing summary conviction appeals to make such order. Appeal judge erred in finding err on part of trial judge. Counsel for accused failed to identify with sufficient clarity fact or facts contained in victim impact statements that were disputable and that request to cross-examine was not specious or empty as required. Trial judge did not appear to have placed any significant reliance on victim impact statements when determining appropriate sentence. Sentence was within appropriate range.
R. v. T. (B.) (Aug. 26, 2013, Ont. C.A., Robert J. Sharpe J.A., Gloria Epstein J.A., and P. Lauwers J.A., File No. CA C56434) Decision at 104 W.C.B. (2d) 896 was reversed.  109 W.C.B. (2d) 143.

Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

COVID-vaccine skeptic doctor loses anti-SLAPP case at Court of Appeal

Information and Privacy Commissioner calls for retention of public input in Policing Act amendments

Ontario Superior Court confirms party’s entitlement to broad medical and rehabilitation benefits

Ontario Court of Appeal upholds estate's right to full range of damages in a vehicle accident case

Legal groups voice concerns over Ford repeatedly saying he wants 'like-minded' judges

Upcoming FACL conference focused on AI’s impact on profession, advancing careers of Asian lawyers

Most Read Articles

Legal groups voice concerns over Ford repeatedly saying he wants 'like-minded' judges

COVID-vaccine skeptic doctor loses anti-SLAPP case at Court of Appeal

Legal Innovation Zone launches program to help legal tech entrepreneurs turn ideas into businesses

Upcoming FACL conference focused on AI’s impact on profession, advancing careers of Asian lawyers