Court of Appeal for Ontario
Date: 2025-09-16 Docket: COA-23-CR-1189
Judges: Simmons, Monahan and Pomerance JJ.A.
Between
His Majesty the King Respondent
and
Charles Rupert Appellant
Counsel
Charles Rupert, acting in person Brandon Chung, acting as duty counsel Kevin Pitt, for the respondent
Heard and rendered orally: September 11, 2025
Appeal Information
On appeal from the conviction entered by Justice Leslie A. P. Chapin of the Ontario Court of Justice, on July 12, 2023, and from the sentence imposed on August 31, 2023.
Reasons for Decision
[1] In relation to duty counsel's submissions on sentence, based on our review of the record, we are not satisfied that defence counsel at trial disputed the Crown's submission that planning and deliberation was an aggravating factor. It was therefore open to the trial judge to find that it was without engaging in a Gardiner analysis.
[2] As for the conviction appeal, we see no basis for appellate intervention.
[3] The conviction appeal is therefore dismissed, 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.
Footnotes
[1] This appeal is subject to a publication ban pursuant to s. 486.4 of the Criminal Code, R.S.C. 1985, c. C-46.