Court of Appeal for Ontario
Before: Laskin, Gillese and Juriansz JJ.A.
Between:
Her Majesty the Queen
Appellant
and
Darryl Ward
Respondent
Counsel:
Robin Flumerfelt, for the appellant
Darryl Ward, acting in person
Heard: November 3, 2009
On appeal from the sentence imposed on March 2, 2009 by Justice Minoo F. Khoorshed of the Ontario Court of Justice.
APPEAL BOOK ENDORSEMENT
1The trial judge recognized that a non-custodial sentence was exceptional. However, he relied on two considerations: the victim’s wishes and Mr. Ward’s remorse and apology, which the trial judge considered genuine.
2In fashioning an appropriate sentence, the court should treat a victim’s wishes cautiously. As we read his reasons, however, we think the trial judge recognized the principle but was satisfied the victim’s wishes were borne of love not fear or coercion. We are not persuaded that he erred in the sentence imposed.
3Moreover, the offences here seem entirely out of character. Mr. Ward has been making progress in dealing with his substance abuse. We see no benefit in incarcerating him at this stage.
4The sentence appeal is dismissed.
