COURT OF APPEAL FOR ONTARIO
RE: HER MAJESTY THE QUEEN (Respondent) – and – BRIAN MAURICE BEAUPRE (Appellant)
BEFORE: MOLDAVER, JURIANSZ and ROULEAU JJ.A.
COUNSEL: Ross C. Stewart for the appellant Melissa Ragsdale for the respondent
HEARD & ENDORSED: November 24, 2006
On appeal from conviction by Justice Robert N. Fournier of the Ontario Court of Justice dated July 22, 2005 and sentence imposed August 31, 2005.
A P P E A L B O O K E N D O R S E M E N T
1We think that the trial judge should have given the appellant pre-trial credit for months seven and eight on a one for one basis. However, viewed as a whole, the ultimate sentence imposed was in our view entirely fit. The crime was very serious. It involved a brutal, unprovoked assault on a common law partner. An overall sentence of five years, after crediting the appellant for one-year pre-trial custody, was appropriate. We note as well that the appellant was sentenced for assaulting another individual and the police in the context of the main offence.
2Accordingly, leave to appeal sentence is granted but the appeal is dismissed.