COURT OF APPEAL FOR ONTARIO
DATE: 20040126
DOCKET: C37564
RE: HER MAJESTY THE QUEEN (Respondent) – and – MOHAMMED HAMMOUD (Appellant)
BEFORE: DOHERTY, LASKIN and ROSENBERG JJ.A.
COUNSEL: Jeanine E. LeRoy for the appellant Shelley Hallett for the respondent
HEARD: January 22, 2004
RELEASED ORALLY: January 22, 2004
On appeal from sentence imposed by Justice James Donnelly of the Superior Court of Justice on January 7, 2002.
E N D O R S E M E N T
[1] The trial judge gave extensive and thoughtful reasons. He referred to all the relevant aggravating and mitigating factors and the relevant objectives of sentence. He gave careful consideration to the defence submission for a conditional sentence. He was aware that a conditional sentence is possible for some sexual offences but in his view, this offence was so serious that the objectives of deterrence and denunciation would not be met by a conditional sentence.
[2] We see no error in principle in the trial judge’s approach and the sentence is not manifestly excessive. On the trial judge’s findings, this was forceful sexual intercourse on a thirteen-year-old girl. The offence was accompanied by some violence and threats and there was some threatening conduct afterwards. The impact on the complainant was profound.
[3] In view of this court’s limited right to review trial decisions on sentence, we cannot interfere, notwithstanding the very many positive features in the appellant’s background and the significant contributions he has made to support his family, including his disabled mother. No doubt, these many positive features will be taken into account by the parole board at the first possible opportunity.
[4] Accordingly, while leave to appeal sentence is granted, the appeal is dismissed.
Signed: "Doherty J.A." "John Laskin J.A." "M. Rosenberg J.A."