Court of Appeal for Ontario
Date: 2025-09-17 Docket: COA-25-CR-0114
Judges: Simmons, Monahan and Pomerance JJ.A.
Between
His Majesty the King Respondent
and
Jessy Muir Appellant
Counsel
Jessy Muir, appearing in person Lynda Morgan, as duty counsel Étienne Lacombe, for the respondent
Heard: September 9, 2025
On Appeal
On appeal from the conviction entered by Justice Elaine A. Ann Burton of the Ontario Court of Justice, on January 8, 2025, and from the sentence imposed on January 8, 2025.
Reasons for Decision
[1]
Reasons for Decision
The appellant was convicted of sexual interference and breach of probation. He was sentenced to 30 months in custody less 7 months credit for presentence custody and onerous bail conditions, to be followed by 18 months' probation. At the hearing he sought leave to appeal sentence on the basis that the trial judge erred in failing to impose a conditional sentence. His conviction appeal is proceeding separately as a solicitor appeal.
2The appellant has failed to demonstrate any error in principle on the part of the sentencing judge. For purposes of the sentence appeal, we must presume the convictions to be valid. The appellant exploited his relationship with a vulnerable young person, to whom he owed a duty of trust, for his own sexual gratification. There were no exceptional circumstances that would permit imposition of a conditional sentence: R. v. M.M., 2022 ONCA 441 at para. 16. The sentencing judge expressly considered the relevant aggravating and mitigating factors, including the appellant's business activities. The sentence fell within the applicable range and we see no basis for appellate intervention.
3Accordingly leave to appeal sentence is granted, but the sentence appeal is dismissed.
Janet Simmons J.A.
P.J. Monahan J.A.
R. Pomerance J.A.
Publication Ban
[1]
Publication Ban
This appeal is subject to a publication ban pursuant to s. 486.4 of the Criminal Code, R.S.C. 1985, c. C-46.