Court File and Parties
COURT OF APPEAL FOR ONTARIO
ROSENBERG, LANG and ROULEAU JJ.A.
BETWEEN:
HER MAJESTY THE QUEEN Respondent
and
KEVIN WEBERG Applicant/Appellant
Counsel: Gavin MacKenzie for the appellant M. Ragsdale for the respondent
Heard: November 30, 2007
On appeal from the judgment of Justice Peter T. Bishop of the Ontario Court of Justice dated May 28, 2007.
APPEAL BOOK ENDORSEMENT
1The appellant submits that the sentencing judge imposed a sentence outside the range resulting from his mischaracterizations of the circumstances of the offence.
2We disagree. We see no error in the sentencing judge’s characterization of this prolonged assault as brutal. There were aggravating features to this assault including the violent entry into the home at night, the assault in front of their child and the kicking of the complainant while she lay on the floor.
3We also reject the submission that the sentencing judge erred in stating that the firing of the arrow as the complainant fled the scene was threatening. The facts supported this finding. The sixteen months sentence, while at high end of the range was not unfit in the circumstances of this offence and this offender. This was the appellant’s second conviction for assaulting his spouse.
4Appeal is therefore dismissed.