Court File and Parties
COURT OF APPEAL FOR ONTARIO
Laskin, Armstrong and Blair JJ.A.
BETWEEN
Her Majesty the Queen
Respondent
and
Robert Knuff
Appellant
Counsel: Mark Halfyard, for the appellant Brad Greenshields, for the respondent
Heard: April 27, 2009
On appeal from the sentence imposed on February 12, 2008 by Justice Richard Blouin of the Ontario Court of Justice.
APPEAL BOOK ENDORSEMENT
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.
