COURT OF APPEAL FOR ONTARIO
Feldman, Simmons and Pepall JJ.A.
BETWEEN
Her Majesty the Queen
Respondent
and
Liban Mohamed
Appellant
Richard Litkowski
Megan Stephens
Heard: November 14, 2014
On appeal from the sentence imposed on September 25, 2012 by Justice Faye E. McWatt of the Superior Court of Justice, sitting without a jury.
APPEAL BOOK ENDORSEMENT
1The appellant seeks leave to appeal his global sentence of 13 years for attempt murder and breaches of firearms prohibition orders, and recognizance orders.
2Counsel raises 2 grounds of appeal: 1. The trial judge did not take into account that the appellant is a youthful offender, this would be his first time custodial sentence and his rehabilitative prospects. 2. The sentence imposed was outside the range for this offender and the circumstances of this offence.
3We would not give effect to either of these submissions. The trial judge was alive to all of the circumstances of the offender and gave them as much effect as she could.
4The appellant attempted to kill a security guard in an apartment building who had just apprehended the appellant’s friend and was waiting for police to arrive. The appellant shot at him several times with a hand gun. He was under prohibition orders at the time.
5This is a case of gun violence in public places. The principles of denunciation and deterrence have to be paramount in this type of case. We see no basis interfere with the sentence imposed.
6Leave to appeal sentence is granted, but the appeal is dismissed.
