Court File and Parties
Court of Appeal for Ontario
Before: Doherty, Gillese and Armstrong JJ.A.
Between
Her Majesty the Queen Respondent
and
Kamal Hassan Yusuf Appellant
Counsel: Howard L. Krongold, for the appellant Leanne Salel, for the respondent
Heard: July 20, 2010
On appeal from the sentence imposed by Justice Brennan of the Superior Court of Justice, sitting with a jury, dated January 25, 2010.
Appeal Book Endorsement
1Although we do not think that the trial judge failed to give proper consideration to the jury’s verdict (the jury acquitted on the wounding and convicted on the included offence of assault bodily harm), we are satisfied that the sentence is entirely justified on any view of the conviction. Clearly, the appellant struck the victim in the face once or more with real force. Blinded, she stumbled away and fell down the stairs. The appellant is properly held responsible for all of the victim’s injuries even if the blow or blows he struck did not “wound” the victim within the meaning of the Criminal Code.
2The appeal is dismissed.
