Court of Appeal for Ontario
Date: 2019-10-25 Docket: C62767
Judges: Simmons, Watt and Miller JJ.A.
Between
Her Majesty the Queen Respondent
and
Peter Kupec Appellant
Counsel
Brian Weingarten, for the appellant
Kelly Simpson, for the respondent
Hearing and Appeal
Heard: October 21, 2019
On appeal from the sentence imposed on June 27, 2016 by Justice John Desotti of the Superior Court of Justice.
Appeal Book Endorsement
1Even assuming the trial judge made the error alleged by referring to the impugned aggravating factor in our view it had no impact on the global sentence imposed.
2Given the appellant's lengthy record, the circumstances of the offences and their catastrophic impact the ten-year two-month sentence was entirely fit. It was not an error to impose consecutive sentences for arson causing bodily harm and arson causing property damage as they involve different elements.
3Leave to appeal sentence is granted and any victim fine surcharge is set aside. Appeal is otherwise dismissed.
