Court of Appeal for Ontario
Citation: R. v. Klapchuk, 2012 ONCA 284 Date: 2012-05-01 Docket: M40962 (C54061)
Before: Weiler, Simmons and Cronk JJ.A.
Between:
Her Majesty The Queen Respondent
and
Ulyana Klapchuk Appellant
Counsel: Ulyana Klapchuk, in person Vincenzo Rondinelli, for the appellant Howard Leibovich, for the respondent
Heard and released orally: April 17, 2012
On appeal from the sentence imposed on July 7, 2011 by Justice Todd Archibald of the Superior Court of Justice, sitting without a jury.
Endorsement
1After pleading guilty to aggravated assault, the appellant was sentenced to two years less a day imprisonment in addition to 7 months credit for pre-sentence custody.
2This appeal turns on the interpretation of the sentencing judge's comments "but I don't think I can go much lower than that, quite frankly. I want you to know that that I don't think I can go any lower than that because of the nature of the wound".
3We do not interpret the sentencing judge as saying he was legally prohibited from imposing a lower sentence. Rather, in his view, a lower sentence was not appropriate in the circumstances of this case.
4Nor do we view the sentence imposed as being unfit. The appellant inflicted a serious life-threatening stab wound to the victim's neck. About 8 months prior to the sentencing hearing she had been convicted for a similar offence, assault causing bodily harm, against her mother for which she received a suspended sentence and 2 years probation. The sentencing judge properly considered all the other aggravating and mitigating circumstances of the case. In all the circumstances, the sentence imposed was not harsh and excessive.
5Leave to appeal sentence is granted, but the appeal is dismissed.
Signed:
"K.M. Weiler J.A." "Janet Simmons J.A." "E. A. Cronk J.A."