R. v. Knuff, 2009 ONCA 349

1The appellant submits that the trial judge erred in principle by using a three-year penitentiary term as a starting point for dangerous driving involving a police chase. We do not agree with this submission.

2The trial judge looked to the case law for guidance, but expressly recognized that these cases are fact-specific. He took into account the many mitigating considerations in the appellant’s favour. However, he concluded that in the light of the many aggravating features of the appellant’s conduct – see para. 11 of the Crown’s factum – a lower penitentiary sentence was called for. We are not persuaded that he erred in his conclusion.

3Although the appellant is to be commended for his post-sentencing conduct – as reflected in the fresh evidence – that is a matter for the Parole Board’s consideration.

4Accordingly, although leave to appeal sentence is granted, the appeal is dismissed.