R. v. Greco (R.), (2001) 155 O.A.C. 316 (CA)

• Judge: Doherty, Rosenberg and Moldaver, JJ.A.
• Court: Court of Appeal (Ontario)
• Case Date: July 10, 2001
• Jurisdiction: Ontario
• Citations: (2001), 155 O.A.C. 316 (CA)

R. v. Greco (R.) (2001), 155 O.A.C. 316 (CA)

MLB headnote and full text

Temp. Cite: [2001] O.A.C. TBEd. NO.023

Her Majesty The Queen (respondent) v. Raffaele Greco (appellant)

(C35784)

Indexed As: R. v. Greco (R.)

Ontario Court of Appeal

Doherty, Rosenberg and Moldaver, JJ.A.

October 25, 2001.

Summary:

The accused was convicted of breach of probation. He appealed, submitting (1) that he was not required to abide by the terms and conditions of his probation order while outside Canada, and (2) that the court lacked jurisdiction because the offence was committed in Cuba, not Canada.

The Ontario Superior Court dismissed the appeal. The accused appealed again.

The Ontario Court of Appeal dismissed the appeal.

Criminal Law - Topic 2810

Jurisdiction - General principles - Jurisdiction over the accused - A term of the accused's probation order was that he keep the peace and be of good behaviour - The accused viciously assaulted his girl friend while they holidayed in Cuba - The accused was convicted of breach of probation - He appealed asserting that the court lacked jurisdiction because the alleged offence took place in Cuba, not in Canada - The Ontario Court of Appeal dismissed the appeal - The accused was required to comply with the terms of the probation order while outside Canada - The principle of territoriality did not prevent courts from issuing orders, enforceable locally, that govern conduct outside of Canada - See paragraphs 13 to 32.

Criminal Law - Topic 2810

Jurisdiction - General principles - Jurisdiction over the accused - A term of the accused's probation order was that he keep the peace and be of good behaviour - The accused viciously assaulted his girl friend while they were on holiday in Cuba - The accused was convicted of breach of probation - He appealed asserting that, even if he was required to comply with his probation order while outside of Canada, s. 6(2) of the Criminal Code prevented him from being convicted because the alleged offence took place in Cuba, not in Canada - The Ontario Court of Appeal dismissed the appeal - Section 6(2) had no application - The offence was committed in Ontario, because the "real and substantial" test was met, where Canada was the only country that had an interest in ensuring compliance with a probation order made by a Canadian court - Therefore, the Ontario court had jurisdiction to try and to convict the accused - See paragraphs 33 to 44.

Criminal Law - Topic 2811

Jurisdiction - General principles - Jurisdiction over the offence - [See both Criminal Law - Topic 2810 ].

Criminal Law - Topic 5722

Punishments (sentence) - Probation or probation order - Jurisdiction - [See both Criminal Law - Topic 2810 ].

Cases Noticed:

R. v. Cook (1998), 230 N.R. 83; 112 B.C.A.C. 1; 182 W.A.C. 1; 128 C.C.C.(3d) 1 (S.C.C.), refd to. [para. 15].

R. v. Libman, [1985] 2 S.C.R. 178; 62 N.R. 161; 12 O.A.C. 33; 21 C.C.C.(3d) 206, refd to. [para. 35].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 6(2) [para. 5]; sect. 733.1(2) [para. 19].

Authors and Works Noticed:

Fox, James R., The Dictionary of International and Comparative Law (1997), p. 47 [para. 13].

Counsel:

David Harris, for the appellant;

Gillian Roberts, for the respondent.

This appeal was heard on July 10, 2001, before Doherty, Rosenberg and Moldaver, JJ.A., of the Ontario Court of Appeal. On October 25, 2001, Moldaver, J.A., delivered the following judgment for the court.