Court File and Parties

CITATION: R. v. Rausch, 2007 ONCA 459

DATE: 20070622

DOCKET: C45877

COURT OF APPEAL FOR ONTARIO

MOLDAVER, MACPHERSON and CRONK JJ.A.

BETWEEN:

HER MAJESTY THE QUEEN Respondent

and

JOHN RAUSCH Appellant

Counsel: Kevin Lundy for the appellant Susan Ficek for the respondent

Heard and endorsed: June 21, 2007

On appeal from sentence imposed by Justice Colin Westman of the Ontario Court of Justice dated July 28, 2006.

APPEAL BOOK ENDORSEMENT

[1] We are satisfied, given the appellant’s lengthy criminal record and the nature of the offences, including one prior break and enter and multiple convictions for criminal harassment, that the DNA order was amply justified. We are also of the view that the sentence imposed (eighteen months less three months for time spent in pre-trial custody) was amply justified and it did not offend the jump principle. The offences in question (assault and threatening) were different from the recent offences committed by the appellant and most troubling, as they involved acts of physical violence and threats of violence. Given the appellant’s prior history of criminal conduct, in our view, the principle of specific deterrence took on special significance and warranted the sentence imposed.

[2] In so concluding, we note that the appellant has taken steps to control his anger and to rehabilitate himself. We commend him for that but it does not lead us to conclude that the sentence imposed by the trial judge was unfit.

[3] Accordingly, leave to appeal sentence is granted but the appeal is dismissed.