COURT OF APPEAL FOR ONTARIO

DATE: 20000218

DOCKET: C32925

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

JOSEPH RODNEY HOLLAND (Respondent)

BEFORE: CATZMAN, ABELLA and MacPHERSON JJ.A.

COUNSEL: Lisa Joyal

for the appellant

David E. Buckman

for the respondent

HEARD: February 17, 2000

On appeal from the sentence imposed by Mr. Justice Atwood on

September 9, 1999.

E N D O R S E M E N T

Catzman and Abella JJ.A.

[1] We are mindful of the requirement to be deferential, but the

sentence cannot stand in this case. The sentencing judge took

exaggerated account of remorse and family history, and

underemphasized the seriousness of the offence and the severity

of the injuries. He also appeared not to have taken sufficient

account of the length of the respondent’s record as well as the

fact that he had previously received lengthy periods of

incarceration. In essence, the role of denunciation and general

deterrence was insufficiently considered, making this sentence

demonstrably unfit.

[2] Leave to appeal sentence is granted. The appeal is allowed

and the sentence increased to one of 18 months less the four

months’ credit given by the sentencing judge resulting in a

sentence of 14 months. The order for probation remains.

MacPherson J.A. (dissenting):

[3] Although I think that the sentence imposed by the trial

judge was at the low end of the range of possible sentences for

this type of offence, I cannot say that the trial judge erred in

his consideration of the relevant principles of sentencing or

that the sentence imposed is demonstrably unfit.

[4] I will dismiss the appeal.

Catzman J.A.:

[5] I have endorsed the appeal book: “For reasons given orally

this day, the appeal is allowed and the sentence is increased to

that of 14 months. We do not interfere with the period of

probation.”

“M.A. Catzman J.A.”

“R.S. Abella J.A.”

“J.C. MacPherson J.A.”