Court File and Parties
COURT OF APPEAL FOR ONTARIO
Doherty, Laskin and Feldman JJ.A.
BETWEEN
Her Majesty the Queen
Respondent
and
Cody Knies
Appellant
Diane Condo, for the appellant
Greg Skerkowski, for the respondent
Heard: March 20, 2014
On appeal from the sentence imposed on September 19, 2013 by Justice D. Kent Kirkland of the Ontario Court of Justice.
APPEAL BOOK ENDORSEMENT
Reasons for Decision
1In our view the sentencing judge erred in principle by failing to consider totality when imposing consecutive sentences for the two death threats and criminal harassment. Although the two assaults were very serious offences, having regard to the youth of the offender and the principle of totality, a fit sentence is 18 months less pre-sentence custody of 5 months.
2To be clear our intent is to reduce the 22 months sentence imposed by the trial judge to 18 months less pre-sentence custody of 5 months. The breakdown of the 13 months is as follows:
Count 1 – I month
Count 2 – 1 month concurrent
Count 6 – 6 months consecutive
Count 7 – 3 months concurrent
Count 9 – 3 months concurrent
Count 10 – 3 months concurrent
Count 11 – 2 months consecutive
Count 13 – 3 months consecutive
1 month consecutive for the breach of recognizance
Disposition
3Accordingly, leave to appeal sentence is granted and the custodial sentence is reduced from 17 months to 13 months, having regard to the pre-sentence custody of 5 months.