COURT OF APPEAL FOR ONTARIO
RE: HER MAJESTY THE QUEEN (Applicant/Appellant)
– and – R.J.H. (Respondent)
BEFORE: OSBORNE A.C.J.O., MOLDAVER GOUDGE JJ.A.
COUNSEL: Trevor Shaw
For the appellant
David M. Tanovich
For the respondent
HEARD: November 15, 2000
On appeal from the sentence imposed by Justice Donald S. Ferguson, dated
February 9, 2000.
E N D O R S E M E N T
1In this matter, the Crown argues that the trial judge erred in a number of respects in imposing the sentence he did. We disagree. In our view, it was open to the trial judge to make the findings he did in relation to the affectionate comments made by the appellant, his expression of remorse, his use of alcohol and his relationship with his girlfriend. In particular, it was open to the trial judge to find that the appellant was not a sexual psychopath and that the root cause of his behaviour was his substance abuse.
2As to the fitness of the sentence, there is no doubt that the offences were very serious and the appellant’s conduct was brutal and terribly degrading. In the circumstances, a penitentiary sentence was clearly required.
3The trial judge recognized this and, in effect, imposed a four-year sentence. While, in our view, that sentence was at the very low end of the range, it is not one with which we are prepared to interfere. The trial judge attached strict terms of probation and he was in the best position to assess the appropriateness of this. Overall, the disposition he made was one which we cannot say was manifestly unfit.
4Leave to appeal is granted and the appeal is dismissed.
“C.A. Osborne A.C.J.O.”
“M. J. Moldaver J.A.”
“S.T. Goudge J.A.”