Court of Appeal for Ontario

R. v. Carter

Date: 2003-04-29

None disclosed.

(C.A. No. C37778)

[1] By the Court: The appellant received a total sentence of 10 years plus 3.5 years credit for pre-sentence custody. He appeals from the effective sentence of 12.5 yrs [sic] imposed in respect of the offence of aggravated assault. The trial judge characterized this offence as "unquestionably an example of the worst offence of its kind." Even though the appellant was found by the trial judge not the worst offender of this kind, he was nonetheless of the view that a sentence in the upper end of the permissible range was justified. In particular, in his reasons for judgment and sentence he characterized this offence as "one of the most heartless, calculating, cold-blooded acts" that he had ever dealt with in his professional career. The appellant intended "to cause serious bodily harm" to the victim "that would remain for the rest of his life". The trial judge was of the view that this clear intent to torture his victim was arguably more reprehensible than an intention to cause death. The trial judge further noted that the appellant had no remorse whatsoever for his actions that he viewed as justified.

[2] The appellant relies mainly on this court's decision in R. v. Zhang (H.C.) (2000), 2000 3485 (ON CA), 132 O.A.C. 159 (C.A.) in support of his contention that the sentence is excessive. He relies on other cases along the same line. In our view the circumstances of this offence and this offender as outlined earlier are distinguishable from the case law referred to by the appellant and justified the sever sentence imposed. In this respect, we agree with the trial judge's characterization of the circumstances. Leave to appeal is allowed, the appeal is dismissed.

Appeal dismissed.