2015 QCCA 1298, 2015 QCCA 1298
Opinion
White c. R. 2015 QCCA 1298 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-005922-156 (505-01-116144-136) MINUTES OF HEARING DATE : August 5, 2015 THE HONOURABLE NICHOLAS KASIRER, J.A. APPELLANT ATTORNEY DAVID WHITE Mtre MARIE-PIERRE BOISVERT ABSENT ( Dubois et Associé
s) RESPONDENT ATTORNEY SA MAJESTÉ LA REINE Mtre MAGALIE CIMON ABSENT (Directeur des poursuites criminelles et pénales) DESCRIPTION : Requête pour surseoir à l'exécution de la peine ( Article 683(5) du Code criminel ) Clerk: Asma Berrak Courtroom: RC.18
HEARING 10 :02 The Respondent having consented to the motion being granted, the parties were excused from appearing in Court this morning. BY THE JUDGE : Judgment see-page 3. Clerk BY THE JUDGE JUDGMENT [ 1 ] David White has brought a motion to suspend execution of his sentence until such time as his appeal is decided by this Court. [ 2 ] Counsel for the respondent does not contest the motion and has asked that the parties be excused from attending the hearing. [ 3 ] Having considered the arguments in the motion, and pursuant to subsections 683(5) and 683(5.1) Cr. C and
section 37 of the Rules of the Court of Appeal of Quebec in Criminal Matters, I am of the view that it is in the interest of justice that the execution of the sentence be suspended, subject to the conditions set forth below, and that the parties be excused from attending the hearing.
FOR THE AFOREMENTIONED REASONS, the undersigned : [ 4 ] GRANTS the motion; [ 5 ] ORDERS that the execution of the sentence imposed on the petitioner by judgment of the Court of Quebec on July 10, 2015 (the Honourable Judge Ann Mary Beauchemin presiding) be suspended, subject to the requirement that he satisfy the following conditions: • Keep the peace and be of good conduct; • Inform the Court of any change of address; • Abstain from communicating, directly or indirectly, with Michael Oligny, Pamelia Ricard and Peter Tsalamandis; • Abstain from attending at the places of residence of Michael Oligny, Pamelia Ricard and Peter Tsalamandis; • Abstain from having in his possession and carrying, for any purpose whatsoever, offensive or restricted-use weapons or imitation weapons. [ 6 ] ORDERS the petitioner give an undertaking that he will respect these conditions before a justice of the peace assigned to such matters, before the suspension takes effect.
NICHOLAS KASIRER , J.A.
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