R. v. Gouvieia, (1984) 2 O.A.C. 316 (CA)

• Judge: Brooke, Dubin and Thorson, JJ.A.
• Court: Court of Appeal (Ontario)
• Case Date: March 20, 1984
• Jurisdiction: Ontario
• Citations: (1984), 2 O.A.C. 316 (CA)

R. v. Gouvieia (1984), 2 O.A.C. 316 (CA)

MLB headnote and full text

R. v. Gouvieia

R. v. Corriero

Indexed As: R. v. Gouvieia

Ontario Court of Appeal

Brooke, Dubin and Thorson, JJ.A.

March 20, 1984.

Summary:

Two accused were charged with rape. They pleaded guilty. The trial court imposed a sentence of imprisonment of two years less a day plus probation for one accused and eight months' imprisonment plus probation for the other accused (who also spent 14 months in prison pending trial). The Crown appealed respecting sentences.

The Ontario Court of Appeal allowed the appeal and increased the sentence of imprisonment for both accused.

Criminal Law - Topic 5852

Sentence - Rape - 20 year old male - Criminal record of unrelated offences - The Ontario Court of Appeal stated that a fit sentence was imprisonment for five years but imposed a sentence of four years taking into consideration the efforts of the accused to achieve rehabilitation - See paragraph 13.

Criminal Law - Topic 6214

Sentencing - Appeals, variation of sentence - Considerations, where sentence of trial court has been served - The Ontario Court of Appeal referred to the principle of refusing to disturb on appeal a wrong sentence where due to delay the sentence at trial has been served to a large degree (see paragraphs 8 to 10) - However, the Court of Appeal refused to apply the principle where the trial sentence was substantially in error - See paragraph 11.

Counsel:

Damien Frost, for appellant, Crown;

Anthony C. Bazos, for the respondent, Corriero;

Timothy Danson, for the respondent, Gouvieia.

This appeal was heard by Brooke, Dubin and Thorson, JJ.A., of the Ontario Court of Appeal on March 13, 1984.

The judgment of the Court of Appeal was delivered by Brooke, J.A., and was released on March 20, 1984.