Court of Appeal for Ontario

Date: 2018-10-11 Docket: C65102

Judges: Simmons, Rouleau and Huscroft JJ.A.

Between

Her Majesty the Queen Respondent

and

H.L. Appellant

Counsel

Michael Dineen, as duty counsel H.L., appearing in person Hannah Freeman, for the respondent

Heard: October 2, 2018

Appeal Book Endorsement

[1] The appellant, speaking on his own behalf, failed to identify any error made by the trial judge in his reasons for conviction. It is not our role to retry this case. On our review of the record, we see no basis on which to interfere with the trial judge's decision. The conviction appeal is dismissed.

[2] On behalf of the appellant, duty counsel argued that the trial judge failed to give sufficient weight to the cumulative effect of two significant mitigating factors. We reject this submission. In careful and extensive reasons, the trial judge identified the mitigating factors in play and imposed a sentence within the range identified by defence counsel. We see no basis on which to interfere with the assessment of the weight to be afforded to the mitigating factors.

[3] Leave to appeal sentence is granted, but the sentence appeal is dismissed.