Court of Appeal for Ontario
Before: Laskin, Juriansz and Tulloch JJ.A.
Between
Her Majesty the Queen
Respondent
and
David Harutyunyan
Appellant
Counsel: Kirk Apel, for the appellant Andreea Baiasu, for the respondent
Heard: September 20, 2012
On appeal from the sentence imposed on January 5, 2012 by Justice Mary Lou Benotto of the Superior Court of Justice, sitting without a jury.
APPEAL BOOK ENDORSEMENT
1We are not persuaded that the four year sentence imposed by the trial judge is demonstrably unfit. We deny the appellant’s alternative request for bail pending an adjournment of the appeal, so that he can await the result of the constitutional challenge on the three year mandatory minimum. Even if this court strikes down the mandatory minimum, the appellant would still receive a penitentiary sentence for this offence.
2Accordingly, although leave to appeal sentence is granted, the sentence appeal is dismissed.
