Court of Appeal for Ontario
Before: Rosenberg, Cronk and Juriansz JJ.A.
Between
Her Majesty the Queen
Respondent
and
Behnam Slim
Appellant
Counsel: Frances S. Brennan, for the appellant Mary-Ellen Hurman, for the respondent
Heard: March 24, 2014
On appeal from the sentence imposed on July 24, 2013 by Justice Gregory A. Pockele of the Ontario Court of Justice, sitting without a jury.
APPEAL BOOK ENDORSEMENT
1We have not been persuaded that the total sentence was excessive. The abduction that lasted 10 years was serious with almost no physical contact during that time. The 3 year sentence was appropriate. The 18 months consecutive for fail to appear was high but this was a particularly aggravating set of circumstances. The respondent not only failed to appear, but he breached an undertaking to the court to return the children after the case was adjourned.
2Accordingly, while leave to appeal sentence is granted, the appeal is dismissed.