Court of Appeal for Ontario
Date: 2023-07-19 Docket: COA-22-CR-0023
Before: Fairburn A.C.J.O., Simmons and Trotter JJ.A.
Between: His Majesty the King, Respondent and Mohamed Aden, Appellant
Counsel: Mohamed Aden, acting in person Chris Rudnicki, appearing as duty counsel Erica Whitford, for the respondent
Heard and released orally: July 5, 2023
On appeal from the sentence imposed by Justice Peter Bawden of the Superior Court of Justice on July 15, 2022.
Reasons for Decision
1The appellant claims that the trial judge erred by, in essence, imposing a straitjacket on the sentencing process by expressing a starting point for the sentence. We do not read the reasons in this way.
2Read in context, the trial judge carefully explained how he arrived at a fit global sentence, one that took into account all mitigating and aggravating circumstances. He then deducted credit for time served, leaving a net sentence of eight years for all the offences for which the appellant was being sentenced. We see no error in this approach.
3The appeal is dismissed.
"Fairburn A.C.J.O."
"Janet Simmons J.A."
"G.T. Trotter J.A."