Court of Appeal for Ontario

Date: 2025-07-21
Docket: COA-25-CR-0504

Coram: Fairburn A.C.J.O., Trotter and Harvison Young JJ.A.

Between

His Majesty the King
Respondent

and

Tyson Peti
Appellant

Ingrid Grant, appearing as duty counsel
Étienne Lacombe, for the respondent

Heard and released orally: July 14, 2025

On appeal from the sentence imposed by Justice Jason Little of the Ontario Court of Justice on May 2, 2025.

Reasons for Decision

[1] This is an appeal from sentence. The appellant pled guilty to assault with a weapon, mischief and fail to comply with an undertaking. Both parties went in open on sentence. The Crown’s position of 18 months was imposed by the sentencing judge.

[2] While duty counsel makes an interesting argument that the sentencing judge constructively jumped the Crown position on Duncan grounds, the sentencing judge ultimately imposed the exact sentence proposed by the Crown and gave appropriate credit for presentence custody: R. v. Duncan, 2016 ONCA 754. Although the sentencing judge expressed reservations about the leniency of the Crown’s position and considered giving notice to the parties, he did not do so. Instead, he imposed the sentence the Crown asked for. In these circumstances, we see no error in principle as the sentencing judge merely weighed the relevant circumstances differently than the Crown but arrived at the same conclusion.

[3] While we recognize and applaud the appellant’s efforts during custody, including the successful completion of numerous programs, we see no basis to interfere with the sentence imposed. It was entirely fit, having regard to numerous factors, including the appellant’s criminal record and the seriousness of the assault with a weapon count involving a crowbar used to attack his neighbour.

[4] We acknowledge the appellant’s stated intention to address his substance abuse issues and encourage him to persist in these rehabilitative efforts.

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

“Fairburn A.C.J.O.”
“G.T. Trotter J.A.”
“A. Harvison Young J.A.”