Court File and Parties
Citation: R. v. Campbell, 2007 ONCA 313
Date: 2007-04-27
Docket: C44485
Court of Appeal for Ontario
Before: Sharpe, Blair and Lang JJ.A.
Between:
Her Majesty the Queen Respondent
And
Patrick Campbell Appellant/Applicant
Counsel: Patrick Campbell in person Eliott Behar for the Crown
Heard: April 23, 2007
On appeal from the conviction imposed by Justice John C. Moore of the Ontario Court of Justice dated August 16, 2005.
Endorsement
[1] Mr. Campbell appeals from his conviction by Justice John C. Moore of the Ontario Court of Justice for assault causing bodily harm pursuant to s. 267(b) of the Criminal Code. He attacks the trial judge’s findings that he struck the complainant in the face and in particular, that she suffered bodily harm as required for conviction assault causing bodily harm. He submits that all he did was to hold his hand over the complainant’s face in response to a racial slur that the trial judge agreed the complainant had made towards him.
[2] There was evidence from the complainant, supported by the medical records, that she suffered swelling to the cheek, nose and eye areas, a cut or two in the eye area, bleeding and headaches. This evidence was consistent with the assault as described by the complainant and is sufficient in law, in our view, to constitute bodily harm.
[3] As to the sentence, the appellant submits that a sentence of two years is excessive having regard to the racial slur. Mr. Campbell has served his sentence and in that sense, this part of the appeal is moot. While the sentence may be at the high end of the range, however, particularly in light of the racial slur, the appellant has an egregious record for assaulting women and we cannot say that the trial judge erred in principle in the sentence he imposed in the circumstances of this case.
[4] The appeal as to conviction is therefore dismissed. Leave to appeal sentence is granted but the appeal as to sentence is dismissed as well.
“Robert J. Sharpe J.A.”
“R.A. Blair J.A.”
“S.E. Lang J.A.”