COURT OF APPEAL FOR ONTARIO
RE: HER MAJESTY THE QUEEN (Respondent) v. DARRYL NORMAN (Applicant/Appellant)
BEFORE: MCMURTRY C.J.O., CHARRON AND MACPHERSON JJ.A.
COUNSEL: Timothy Breen
For the appellant
R. Graham Zoppi
For the respondent
HEARD: October 30, 2000
On appeal from the sentence imposed by Justice Edwin B. Minden, without a jury, on May 3, 1999.
E N D O R S E M E N T
1This is an appeal from the sentence of 18 months imposed by Minden J. on the appellant who was convicted of the offence of criminal negligence causing bodily harm.
2The principal ground of appeal is that the trial judge erred by not properly considering the principle of restorative justice. If he had taken sufficient account of this principle, contends the appellant, he would have imposed a conditional sentence.
3We do not agree with this submission. Although the trial judge made his disposition in this case before the Supreme Court of Canada’s important decision relating to conditional sentences, R. v. Proulx (2000), 2000 SCC 5, 140 C.C.C. (3rd) 449, in our view the trial judge took full account of the various principles of sentencing set out in that case.
4Minden J.’s reasons are comprehensive and balanced. In light of the highly dangerous conduct of the appellant and the serious injuries suffered by the complainant, a custodial sentence was entirely in order.
5Leave to appeal sentence is granted and the appeal is dismissed.
(signed) “R. McMurtry C.J.O.”
(signed) “L. Charron J.A.”
(signed) “J.C. MacPherson J.A.”