Case information
Consult our database for details on a Supreme Court of Canada case.
41727
His Majesty the King v. Austin Wesley
(Ontario) (Criminal) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2025-08-08 | Close file on Leave | |
| 2025-07-03 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-07-03 | Judgment on leave sent to the parties | |
| 2025-07-03 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number COA-22-CR-0285, 2025 ONCA 51, dated January 24, 2025, is dismissed. Dismissed |
|
| 2025-05-12 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-04-24 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2025-04-24, (Printed version filed on 2025-04-30) | His Majesty the King |
| 2025-04-14 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2025-04-14) | Austin Wesley |
| 2025-04-14 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2025-04-14, (Printed version filed on 2025-04-14) | Austin Wesley |
| 2025-03-26 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED | |
| 2025-03-26 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2025-03-27) | His Majesty the King |
| 2025-03-25 | Application for leave to appeal, (Book Form), Completed on: 2025-03-25, (Printed version filed on 2025-03-27) | His Majesty the King |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Wesley, Austin | Respondent | Active |
Counsel
Party: His Majesty the King
Counsel
Manasvin Goswami
720 Bay Street
10th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4600
FAX: (416) 973-4007
Email: andrew.hotke@ontario.ca
Party: Wesley, Austin
Counsel
116 Simcoe Street, Suite 100
Toronto, Ontario
M5H 4E2
Telephone: (416) 597-6907
FAX: (437) 826-9288
Email: doucette@furgiuelelaw.com
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Summary
Keywords
Criminal law — Sentencing — Appeals — Joint recommended sentence imposed by trial judge following trial but reduced on appeal — What test should trial judge apply when deciding whether to depart from joint sentencing submission after trial — When can appellate court interfere with sentence that is the product of joint submission after trial — Whether Court of Appeal erred in interfering with sentence?
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Following a trial, Mr. Wesley was convicted of two counts of second degree murder and one count of attempted murder. The trial judge accepted counsel’s joint sentencing recommendation and imposed two concurrent terms of life imprisonment with 18 years of parole ineligibility and a concurrent 10-year term of imprisonment. A majority of the Court of Appeal allowed a sentence appeal and reduced parole ineligibility to 13 years. The dissenting judge would not have altered parole ineligibility.
Lower court rulings
Convictions for two counts of second degree murder and one count of attempted murder, acquittal for count of assault
Sentenced to two concurrent terms of life imprisonment with 18 years parole ineligibility and a concurrent 10-year sentence of imprisonment
Appeal from sentence allowed, parole ineligibility reduced to 13 years
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available