Court File and Parties
Court of Appeal for Ontario
Winkler C.J.O., Doherty and Goudge JJ.A.
Between
Her Majesty the Queen
Respondent
and
Olayikanmi Oladimeji
Appellant
Counsel: Andrew Furgiuele, for the appellant Scott Latimer, for the respondent
Heard: January 10, 2012
On appeal from the sentence imposed by Justice J.C. Moore of the Ontario Court of Justice dated July 15, 2010.
Appeal Book Endorsement
1The trial judge misapprehended the evidence. This was not an attack on a stranger as indicated by the trial judge on three occasions in his reasons. The assault occurred in the course of a drug transaction.
2The misapprehension of the evidence was material to the determination of the sentence and constitutes an error in principle. We must, therefore, examine the fitness of sentence afresh.
3This was a serious assault with a weapon (a brick). The victim suffered injuries of some significance. The appellant has a lengthy record, although his longest prior sentence was a one-year term.
4We are satisfied that a sentence of two years, in addition to the four months pre-trial custody, is a fit sentence in the circumstances. The sentence is varied accordingly.