CITATION: R. v. Hunjan, 2007 ONCA 102

DATE: 20070216

DOCKET: C44650

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – JOHN HUNJAN (Appellant)

BEFORE:

SHARPE, SIMMONS JJ.A. and PARDU J. (Ad hoc)

COUNSEL:

Michelle Johal

for the appellant

Leslie Paine

for the respondent

HEARD & ENDORSED:

February 2, 2007

On appeal from the sentence imposed by Justice Peter Tetley of the Ontario Court of Justice dated December 2, 2005

A P P E A L B O O K E N D O R S E M E N T

[1] The appellant abandoned his request for a conditional discharge. We see no merit in the submission that the trial judge over-emphasized general deterrence and failed to give sufficient weight to various mitigating factors. This was a deliberate and prolonged course of deceitful conduct that had had serious impact on the victim. On the fact of this case, the trial judge’s failure to advert to pre-trial bail conditions is not fatal: see R. v. Laws, 2007 ONCA 10, [2007] O.J. No. 50 (C.A.). In any event, this was a fit sentence. Leave to appeal sentence is granted but the appeal is dismissed.