Court of Appeal for Ontario
Before: Sharpe, MacFarland and Watt JJ.A.
Between
Her Majesty the Queen
Respondent
and
Otari Markozashvili
Appellant
Counsel:
Paul Calarco, for the appellant
Brad Greenshields, for the respondent
Heard: January 20, 2010
On appeal from the conviction entered and the sentence imposed by Justice B.J. Young of the Ontario Court of Justice on June 10, 2008.
APPEAL BOOK ENDORSEMENT
1The appellant was convicted of two counts of dangerous operation of a motor vehicle causing bodily harm and assault with intent to resist arrest. He appeals his sentence of 90 days custody intermittent and a two-year driving prohibition.
2We see no error in this sentence. The appellant ran two red lights at well-travelled busy intersections and two people suffered significant injuries.
3The trial judge did take into account the fact the appellant was a first offender by rejecting the Crown’s submission for straight custodial term. Given the gravity of the conduct, the sentence is not outside the acceptable range. The submission that the sentence should be reduced because of alleged excessive force used by the police is inconsistent with the findings of the trial judge and the conviction for assault. Finally, this case plainly called for a two-year driving prohibition.
4Leave to appeal sentence is granted but the appeal is dismissed.
