Ontario Criminal


Appeal

SENTENCE APPEAL
Where accused re-offends while on release principle of denunciation must be given more significance

Accused sought leave to appeal his sentences of 18 months’ imprisonment for first count, and 30 months’ imprisonment on second count imposed after he pleaded guilty to two counts of possession of cocaine for purposes of trafficking. Accused was in possession of $1,130 cash, small amount of marijuana, Percocet pills, digital scales, cell phones, and some 95.5 grams of cocaine. Accused was released on undertaking and while he was awaiting trial, was found in possession of 288.5 grams of cocaine, 79 ecstasy pills and $540 in cash. Sentencing judge recognized and took into account that accused’s youth, lack of previous record, gambling addiction, rehabilitation efforts, remorse, and guilty pleas were mitigating factors and alluded to danger that lengthy term of imprisonment could impair rehabilitation and reintegration of accused as responsible member of community. However, sentencing judge considered it aggravating factor that accused committed second offence while released on undertaking and awaiting disposition of first offence. Leave to appeal granted; appeal dismissed. Where accused re-offends while on release, sentencing principles of general deterrence and denunciation must be given more significance to discourage and denounce such conduct. Court saw no basis for accused’s submission that sentences on two offences should have been concurrent. Court not persuaded that sentencing judge made any error or that sentence was unfit.

R. v. Woods (Dec. 12, 2013, Ont. C.A., R.G. Juriansz J.A., C.W. Hourigan J.A., and M.L. Benotto J.A., File No. CA C56640) Decision at 105 W.C.B. (2d) 777 was affirmed.  111 W.C.B. (2d) 279.

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