Court File and Parties

CITATION: R. v. Wood, 2007 ONCA 379

DATE: 20070517

DOCKET: C45929

COURT OF APPEAL FOR ONTARIO

BEFORE: LASKIN, MACPHERSON and LAFORME JJ.A.

BETWEEN:

HER MAJESTY THE QUEEN

Respondent

and

ANTHONY WOOD

Appellant

COUNSEL:

James Zegers for the appellant

Michelle Campbell for the respondent

HEARD: May 16, 2007

On appeal from the sentence imposed by Justice John Kennedy of the Superior Court of Justice, sitting with a jury, on July 7, 2006.

APPEAL BOOK ENDORSEMENT

[1] The appellant has served two months and ten days of his one year custodial sentence. He asks to convert the remainder of his sentence into a conditional sentence.

[2] The trial judge considered the factors in favour of a conditional sentence but exercised his discretion to impose a term of imprisonment. Although we think that the trial judge erred by overstating the seriousness of the Masonville mall incident, the other considerations he pointed to justified imprisonment. The appellant had a previous record for assault, he committed a serious assault in this case, and his assault caused serious injuries to the victim. Finally, we note that the trial judge was correct not to take into account the jury’s recommendation.

[3] Accordingly, the sentence appeal is dismissed.