Court of Appeal for Ontario
Judges: Doherty, LaForme and Rouleau JJ.A.
Between
Her Majesty the Queen Respondent
and
Frank Asmann Appellant
Counsel
Richard Litkowski, for the appellant
Andreea Baiasu, for the respondent
Hearing
Heard: August 16, 2017
On appeal from the conviction entered by Justice E. Minden of the Superior Court of Justice on May 13, 2015, and the sentence imposed on May 14, 2015.
Appeal Book Endorsement
1On the evidence accepted by the trial judge, the BB gun fell within the definition of firearm in s. 2 of the Criminal Code. That definition applies to the entire "Act". There is no principled basis upon which to read the word "firearm" in the robbery provision (s. 344) as not including a device that falls within the definition of firearm in s. 2. The other firearm-related definitions and provisions in the Criminal Code do not come into play.
2The conviction appeal is dismissed.
3The total sentence imposed was not unfit. The trial judge fully appreciated the factors relevant to sentencing. In his usual fashion, he gave those factors full and sensitive consideration. We would not interfere.
4The appeal is dismissed.