COURT OF APPEAL FOR ONTARIO

DATE: 20001103

DOCKET: C32560

RE: HER MAJESTY THE QUEEN (Respondent) v. DARRYL NORMAN (Applicant/Appellant)

BEFORE: MCMURTRY C.J.O., CHARRON AND MACPHERSON JJ.A.

COUNSEL: Timothy Breen

For the appellant

R. Graham Zoppi

For the respondent

HEARD: October 30, 2000

On appeal from the sentence imposed by Justice Edwin B. Minden, without a jury, on May 3, 1999.

E N D O R S E M E N T

[1] This is an appeal from the sentence of 18 months imposed by Minden J. on the appellant who was convicted of the offence of criminal negligence causing bodily harm.

[2] The principal ground of appeal is that the trial judge erred by not properly considering the principle of restorative justice. If he had taken sufficient account of this principle, contends the appellant, he would have imposed a conditional sentence.

[3] We do not agree with this submission. Although the trial judge made his disposition in this case before the Supreme Court of Canada’s important decision relating to conditional sentences, R. v. Proulx (2000), 2000 SCC 5, 140 C.C.C. (3rd) 449, in our view the trial judge took full account of the various principles of sentencing set out in that case.

[4] Minden J.’s reasons are comprehensive and balanced. In light of the highly dangerous conduct of the appellant and the serious injuries suffered by the complainant, a custodial sentence was entirely in order.

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

(signed) “R. McMurtry C.J.O.”

(signed) “L. Charron J.A.”

(signed) “J.C. MacPherson J.A.”