2023 QCCA 730, 2023 QCCA 730

Diszhazy c. R. 2023 QCCA 730 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-10-007917-220 ( 500-01-198579-192 ) MINUTES OF HEARING DATE: May 31, 2023 THE HONOURABLE MARTIN VAUCLAIR, J.A. APPELLANT COUNSEL George Diszhazy Mtre ANDREW BARBACKI FOR Mtre Jordan Trevick By videoconference RESPONDENT COUNSEL HIS MAJESTY THE KING Mtre Marie-Eve Mayer ( Director of Criminal and Penal prosecutions ) By videoconference DESCRIPTION: Motion for suspension of the sentence (Arts. 683(5)

f) and 683(5.1) Cr.c .) . Clerk at the hearing : Mélanie Camiré Courtroom: RC-18 HEARING 9:36 Commencement of the hearing. Identification of counsel. The motion is not contested. 9:37 Submissions by Mtre Barbacki.

9:38 BY THE JUDGE: Judgment – see page 3. Exchanges between the parties concerning the conditions. 9:42 Conclusion of the hearing. Mélanie Camiré, Clerk at the hearing JUDGMENT [ 1 ] The appellant was charged with aggravated assault on his spouse. Events happened in December 2019. The question at trial was whether her injuries resulted from a fall or from an assault. On October 20, 2022, the appellant was found guilty. [ 2 ] A notice of appeal was filed. On April 24, 2023, the appellant was sentenced to a conditional sentence order of two years less a day. [ 3 ] The appellant is 85 years old.

He was married to the victim for 54 years. She passed away in early 2020.

The cause of death was unrelated to the injuries sustained. [ 4 ] Seeing the notice of appeal, the circumstances of the offence and the motion for the suspension of the sentence pending a definitive decision in appeal; [ 5 ] Seeing that the Respondent does not oppose the motion; [ 6 ] Seeing the common suggestion of conditions to be imposed on the appellant pending the appeal; [ 7 ] I consider it to be in the interests of justice that the conditional sentence order be suspended until the appeal has been determined, under conditions ( s. 683(5)

f) and s. 683(5.1) of the Criminal Code ). FOR THESE REASONS, THE UNDERSIGNED: [ 8 ] GRANTS the motion; [ 9 ] ORDERS that the conditional sentence order be suspended until the appeal has been determined, subject to Mr. Georges Diszhazy undertaking to respect the following conditions: 9.1. Reside at [...], Pierrefonds, Qc, [...]; 9.2. Be at the address indicated in the preceding paragraph between 10 P.M. and 6 A.M. every day; 9.3. Notify the Court of any change of address in advance and in writing; 9.4. Abstain from leaving the province of Quebec; 9.5.

Abstain from having in his possession and carrying, for any purpose whatsoever, offensive or restricted-use weapons or imitation weapons, including starter pistols and pellet pistols, firearms, cross-bows, prohibited weapons, restricted weapons, prohibited devices, ammunition, prohibited ammunition or explosive substances, knives (except in restaurants or at his residence and for lawful purposes) and edged weapons; [ 10 ] ORDERS the appellant to report to his surveillance officer (or his representative) within a delay of 72 hours from a discontinuance of his appeal; [ 11 ] ORDERS the appellant to sign the conditions of the release order within ten days of this judgment.

MARTIN VAUCLAIR, J.A.