Court of Appeal for Ontario
BEFORE: DOHERTY, SHARPE and GILLESE JJ.A.
BETWEEN:
HER MAJESTY THE QUEEN
Respondent
and
RAYMOND MANDZUK
Appellant
COUNSEL:
Peter Bawden for the appellant
Frank Au for the respondent
HEARD: December 19, 2007
On appeal from the sentence imposed by Justice L.M. Budzinski of the Ontario Court of Justice on August 16, 2007.
APPEAL BOOK ENDORSEMENT
1The appellant received a sentence of 18 months. The appellant has been released on the Temporary Absence Program. On the appeal, he initially sought a conditional sentence. He now asks for time served (four months) to be followed by the three-year probation period imposed by the trial judge.
2The offence was very serious. The appellant retrieved, loaded and fired a rifle in close proximity to his wife during a domestic dispute. He did not hit her and did not intend to, however, he could easily have hit her and caused serious injury or death.
3There were many mitigating factors put forward on sentencing. The trial judge accepted the mitigating factors. In the end, he decided that denunciation required incarceration.
4This was a very difficult sentencing problem for the trial judge. Given that the appellant has been released on the Temporary Absence Program, he has effectively achieved a non custodial sentence and put himself in a position where he can continue his rehabilitation. In the circumstances, we would not interfere with the sentence imposed.
5Leave to appeal granted and the appeal is dismissed.