COURT OF APPEAL FOR ONTARIO
DATE: 20000313
DOCKET: C23951
C29031
C29032
CHARRON, GOUDGE AND MacPHERSON JJ.A.
B E T W E E N : )
) Richard N. Stern
HER MAJESTY THE QUEEN ) for the appellant
)
(Respondent) )
)
and ) Erika Chozik
) for the respondent
IRVINE GEORGE FORREST )
)
(Appellant) )
) Heard: March 8, 2000
On appeal from the sentence imposed by Humphrey J. on October 25, 1994.
On appeal from the sentence imposed by Epstein J. on November 29, 1994.
On appeal from the sentence imposed by Jennings J. on March 7, 1995.
BY THE COURT:
[1] The appellant appeals from the sentences imposed on him at
the conclusion of the three separate trials. These sentences
were imposed for three discrete sets of acts which took place
over a relatively confined time frame of some two weeks. The
appellant also appealed his convictions in the trials before
Humphrey J. and Jennings J., these appeals have been disposed of
in separate reasons. The appellant commenced an inmate appeal
against conviction with regard to the trial before Epstein J.,
but this has been abandoned.
[2] In our view it is appropriate to view these sentences
through the lens of the totality principle. Given the way these
sentences were imposed, the appellant received a total of 18
years imprisonment which, taken together with his pre-trial
custody, represents the functional equivalent of 20 years.
[3] In our opinion this represents a fit disposition and one
which cannot be said to be outside the range for these offences
taken together. These offences include, first, possession of a
restricted weapon and possession of cocaine for the purposes of
trafficking; second, forcible confinement, assault, possession of
a dangerous weapon and pointing a firearm; and finally the most
serious, which was an attempted murder of a near stranger using a
firearm, with significant elements of planning and deliberation.
The gravity of these offences is self-evident. We see no error in
the total term of imprisonment imposed on the appellant.
[4] We therefore grant leave to appeal the sentences, but
dismiss the appeals.
(signed) "Louise Charron J.A."
(signed) "S. T. Goudge J.A."
(signed) "J. C. MacPherson J.A."
Released: March 13, 2000