R. v. Chuvalo and Chuvalo, (1987) 24 O.A.C. 71 (CA)

• Judge: Dubin, A.C.J.O., Robins and Finlayson, JJ.A.
• Court: Court of Appeal (Ontario)
• Case Date: December 01, 1987
• Jurisdiction: Ontario
• Citations: (1987), 24 O.A.C. 71 (CA)

R. v. Chuvalo (1987), 24 O.A.C. 71 (CA)

MLB headnote and full text

R. v. George Lee Chuvalo and Steven Louis Chuvalo

(Nos. 258/87; 259/87)

Indexed As: R. v. Chuvalo and Chuvalo

Ontario Court of Appeal

Dubin, A.C.J.O., Robins and Finlayson, JJ.A.

December 21, 1987.

Summary:

Two brothers, George and Steven Chuvalo, were convicted of robbery and possession of weapons for a purpose dangerous to the public peace. Steven Chuvalo was sentenced to 14 months' imprisonment plus two years' probation for robbery, and one month consecutive plus an $800 fine for the weapons offence. George Chuvalo was sentenced to 22 months' imprisonment plus two years' probation for robbery, and one month consecutive plus a $1,200 fine for the weapons offence. The Crown appealed against sentence.

The Ontario Court of Appeal allowed the appeal in part. The Court of Appeal increased the sentence for George Chuvalo for robbery to four years' imprisonment and the sentence for possession of dangerous weapons to six months concurrent. The court affirmed the sentence for robbery for Steven Chuvalo and varied the sentence for the weapons offence to provide that in default of payment of the fine, there be a sentence of six months consecutive (rather than two years consecutive).

Criminal Law - Topic 5855

Sentence - Robbery - 24 year old accused, with his brother, while armed with a small hatchet, robbed a drug store and stole drugs - Threatened and terrorized female clerk and pharmacist, striking him on shoulder and attempting to strike the clerk in the head - Victims felt terror and fear for their lives - Chronic and confirmed alcoholic and drug addict - No motivation to receive treatment; prospects for rehabilitation bleak - Criminal record dating from age 17, including convictions for robbery, possession of a dangerous weapon - On probation at time of this offence - The Ontario Court of Appeal increased the sentence for robbery from 22 months' imprisonment plus two years' probation to four years' imprisonment - See paragraphs 6 to 14.

Criminal Law - Topic 5855

Sentence - Robbery - 26 year old accused, with his brother, while armed with a long bladed knife, robbed a drug store and stole drugs - Threatened and terrorized female clerk and pharmacist - Personally committed no acts of violence - Victims felt terror and fear for their lives - Chronic and confirmed alcoholic and drug addict - Making sincere efforts to conquer his addiction; favourable presentence report - Minor criminal record with no history of offences for violence - Married and father of two - The Ontario Court of Appeal affirmed a sentence of 14 months' imprisonment plus two years' probation for robbery - See paragraphs 6 to 10, 15 to 16.

Criminal Law - Topic 5871

Sentence - Possession of weapon dangerous to public peace - 24 year old accused, with his brother, while armed with a small hatchet, robbed a drug store and stole drugs - Threatened and terrorized female clerk and pharmacist, striking him on the shoulder and attempting to strike the clerk in the head - Victims felt terror and fear for their lives - Chronic and confirmed alcoholic and drug addict - No motivation to receive treatment; prospects for rehabilitation bleak - Criminal record dating from age 17, including convictions for robbery, possession of a dangerous weapon - On probation at time of this offence - The Ontario Court of Appeal increased the sentence for possession of a dangerous weapon from one month's imprisonment plus a $1,200 fine to six months (concurrent to the sentence for robbery) - See paragraphs 6 to 14.

Criminal Law - Topic 5871

Sentence - Possession of weapon dangerous to public peace - 26 year old accused, with his brother, while armed with a long bladed knife, robbed a drug store and stole drugs - Threatened and terrorized female clerk and pharmacist - Personally committed no acts of violence - Victims felt terror and fear for their lives - Chronic and confirmed alcoholic and drug addict - Making sincere efforts to conquer his addiction; favourable presentence report - Minor criminal record with no history of offences for violence - Married and father of two - The Ontario Court of Appeal affirmed a sentence of one month's imprisonment plus a fine of $800 - The court varied the time to be served in default of paying the fine from two years to six months, consecutive - See paragraphs 6 to 10, 15 to 16.

Counsel:

Hugh J. Campbell, for the Crown, appellant;

Peter G. Budnick, for the respondents.

This appeal was heard before Dubin, A.C.J.O., Robins and Finlayson, JJ.A., of the Ontario Court of Appeal on December 1, 1987. On December 21, 1987, the Court of Appeal endorsed the following on the appeal record.