Court File and Parties
Court of Appeal for Ontario
Doherty, Rosenberg and Lang JJ.A.
Between
Her Majesty The Queen
Respondent
and
Paul Demarco
Appellant
Counsel:
Theodore Sarantis, for the appellant
Kimberley Crosbie, for the respondent
Heard and endorsed: December 22, 2011
On appeal from sentence imposed by Justice John McMahon of the Superior Court of Justice on April 4, 2008; on appeal from sentence imposed by Justice Susanne Goodman of the Superior Court of Justice on June 27, 2008; and on appeal from sentence imposed by Justice Todd Ducharme of the Superior Court of Justice on December 22, 2008.
Appeal Book Endorsement
[1]
Analysis
The primary focus of this appeal was the sentence imposed by Ducharme J. We are satisfied that he did not err in principle and the sentence imposed, even against the background of the sentences imposed by Justices McMahon and Goodman, was fit. As Ducharme J. recognized, given the appellant’s record and the psychiatric evidence, protection of the public was the paramount consideration.
2We agree with the trial judge that the totality principle was entitled to little weight. The main reason to reduce an otherwise appropriate sentence because of totality is to avoid imposing a sentence that would crush the accused’s hopes for rehabilitation. It was open to the trial judge to find that rehabilitation was not a factor in this case.
3The trial judge was entitled to take into account the other offences which the appellant had committed and his lack of insight into the impact of his conduct. The latter, in particular, was a consideration as to any prospects for rehabilitation and is an important consideration as to his dangerousness. The total sentence although lengthy was appropriate given the seriousness of the offences.
[4]
Disposition
While leave to appeal sentence is granted, the appeal is dismissed.