COURT OF APPEAL FOR ONTARIO
Weiler, Blair and Rouleau JJ.A.
BETWEEN
Her Majesty the Queen
Respondent
and
Jermaine Beals
Appellant
Brady Cunningham, for the appellant
Mabel Lai, for the respondent
Heard: January 7, 2013
On appeal from the sentence imposed on May 15, 2012 by Justice Alphonse T. Lacavera of the Ontario Court of Justice.
APPEAL BOOK ENDORSEMENT
1The appellant was convicted of forcible entry (s. 72(1)), public mischief (s. 140), assault causing bodily harm (s.267), being unlawfully in a dwelling house (s. 349(1)), uttering death threats (s. 264.1), and failure to comply with probation (s. 145(3)). He received a sentence of 12 months incarceration plus two years probation. With respect to the breach of probation, the sentencing judge sentenced the appellant to time served of 4.5 months pre-trial custody.
2The appellant appeals the sentence on the grounds that (1) the sentence was harsh and excessive; (2) the trial judge failed to adequately apply the Gladue analysis; and (3) the sentence violates the jump principle.
3The appellant has served approximately eight months of his sentence. He requests that his sentence be substituted to time served plus one year probation.
4In our opinion, the sentencing judge did not err with respect to his application Gladue or the jump principle. In any event, the sentence was with the range and was fit.
5Accordingly, while leave to appeal sentence is granted, the appeal as to sentence is dismissed.