COURT OF APPEAL FOR ONTARIO
DOHERTY, MOLDAVER and CRONK JJ.A.
BETWEEN:
HER MAJESTY THE QUEEN
Respondent
and
ROBERT PAKUL
Appellant
Constance Baran-Gerez for the appellant
Greg Skerkowski for the respondent
Heard: April 1, 2008
On appeal from the conviction entered by Justice R. Byers, of the Superior Court of Justice, sitting with a jury, dated October 14, 2005 and the sentence imposed on December 16, 2005.
APPEAL BOOK ENDORSEMENT
1The sentence was fit. This was a vicious, unprovoked attacked on a totally innocent victim. The victim suffered serious injuries and but for good luck, might have been killed.
2The trial judge stressed denunciation and general deterrence. He was correct to do so. A trial judge does speak for the community and must reflect the legitimate concerns of the community as part of the total picture to be considered on sentencing.
3The trial judge did not treat the appellant as if he had been convicted of attempted murder. The trial judge expressly cautioned himself against doing so.
4The appeal is dismissed.
