Court of Appeal for Ontario
BEFORE: Doherty, Hoy and Pepall JJ.A.
BETWEEN
Her Majesty the Queen
Respondent
and
Roger Beaudin
Appellant
COUNSEL:
James Harbic, for the appellant
Riun Shandler, for the respondent
HEARD: September 17, 2012
On appeal from the sentence imposed on March 14, 2012 by Justice C. Kehoe of the Ontario Court of Justice.
APPEAL BOOK ENDORSEMENT
1The Crown concedes that the appellant should have received credit for his pre-trial custody (134 days). We are also satisfied that the sentence was manifestly excessive. Any assault on a police officer is serious. The Criminal Code requires that the court emphasize denunciation. The appellant has a long and serious record. However, taking into account those negative facts, but also the nature of the assault and the other cases which have considered sentences for that type of assault (spitting into the officer’s face), we think 18 months is too long. A sentence of 12 months would, in our view, meet the needs of deterrence and denunciation without going well beyond the sentences imposed for similar offences.
2The sentence is reduced to 365 days with credit for 134 days, resulting in a sentence of 231 days.