W A R N I N G

The President of the panel hearing this appeal directs that the following should be attached to the file:

An order restricting publication in this proceeding under ss. 486.4(1), (2) or (3) or 486.5(1) or (2) of the Criminal Code shall continue. These sections of the Criminal Code provide:

486.4 (1) Subject to subsection (2), the presiding judge or justice may make an order directing that any information that could identify the complainant or a witness shall not be published in any document or broadcast or transmitted in any way, in proceedings in respect of:

(a) any of the following offences:

(i) an offence under section 151, 152, 153, 153.1, 155, 159, 160, 162, 163.1, 170, 171, 172, 172.1, 173, 210, 211, 212, 213, 271, 272, 273, 346 or 347,

(ii) an offence under section 144 (rape), 145 (attempt to commit rape), 149 (indecent assault on female), 156 (indecent assault on male) or 245 (common assault) or subsection 246(1) (assault with intent) of the Criminal Code, chapter C‑34 of the Revised Statutes of Canada, 1970, as it read immediately before January 4, 1983, or

(iii) an offence under subsection 146(1) (sexual intercourse with a female under 14) or (2) (sexual intercourse with a female between 14 and 16) or section 151 (seduction of a female between 16 and 18), 153 (sexual intercourse with step‑daughter), 155 (buggery or bestiality), 157 (gross indecency), 166 (parent or guardian procuring defilement) or 167 (householder permitting defilement) of the Criminal Code, chapter C‑34 of the Revised Statutes of Canada, 1970, as it read immediately before January 1, 1988; or

(b) two or more offences being dealt with in the same proceeding, at least one of which is an offence referred to in any of subparagraphs (a)(i) to (iii).

(2) In proceedings in respect of the offences referred to in paragraph (1) (a) or (b), the presiding judge or justice shall

(a) at the first reasonable opportunity, inform any witness under the age of eighteen years and the complainant of the right to make an application for the order; and

(b) on application made by the complainant, the prosecutor or any such witness, make the order.

(3) In proceedings in respect of an offence under section 163.1, a judge or justice shall make an order directing that any information that could identify a witness who is under the age of eighteen years, or any person who is the subject of a representation, written material or a recording that constitutes child pornography within the meaning of that section, shall not be published in any document or broadcast or transmitted in any way.

486.5 (1) Unless an order is made under section 486.4, on application of the prosecutor, a victim or a witness, a judge or justice may make an order directing that any information that could identify the victim or witness shall not be published in any document or broadcast or transmitted in any way if the judge or justice is satisfied that the order is necessary for the proper administration of justice.

(2) On application of a justice system participant who is involved in proceedings in respect of an offence referred to in subsection 486.2(5) or of the prosecutor in those proceedings, a judge or justice may make an order directing that any information that could identify the justice system participant shall not be published in any document or broadcast or transmitted in any way if the judge or justice is satisfied that the order is necessary for the proper administration of justice.

486.6 (1) Every person who fails to comply with an order made under subsection 486.4(1), (2) or (3) or 486.5(1) or (2) is guilty of an offence punishable on summary conviction.

(2) For greater certainty, an order referred to in subsection (1) applies to prohibit, in relation to proceedings taken against any person who fails to comply with the order, the publication in any document or the broadcasting or transmission in any way of information that could identify a victim, witness or justice system participant whose identity is protected by the order.

Court File and Parties

CITATION: R. v. Panamick, 2007 ONCA 583

DATE: 20070827

DOCKET: C45462

COURT OF APPEAL FOR ONTARIO

SIMMONS AND BLAIR JJ.A. AND McKINNON J. (AD HOC)

BETWEEN:

HER MAJESTY THE QUEEN

Respondent

and

RICHARD BRIAN PANAMICK

Appellant

Counsel: Michael Dineen (duty counsel) for the appellant L. Paine for the respondent

Heard: August 21, 2007

On appeal from the conviction entered by Justice Randall W. Lalande of the Ontario Court of Justice dated April 12, 2006 and from the sentence imposed by Justice Lalande dated April 12, 2006.

APPEAL BOOK ENDORSEMENT

[1] The appellant was convicted of sexual assault, choking, unlawful confinement, uttering threats, assault and failing to comply with a probation order. The sentencing judge dismissed a dangerous offender application but found the appellant to be a long term offender and imposed a 9 year determinate sentence for the sexual assault and related offences (less 6 years credit for time served), 6 months consecutive for the assault, 6 months consecutive for the fail to comply and a 10 year supervision order. The appellant confirms that he abandoned his conviction appeal previously. He seeks leave to appeal sentence and submits that the determinate sentence is excessive.

[2] We do not accept the appellant's submission. The trial judge acknowledged the appellant's unfortunate background in his reasons and, by imposing the long term designation, recognized there is some hope for the appellant's eventual rehabilitation. We echo that hope and encourage Mr. Panamick to continue with the efforts he tells us he is making in that respect. However, in light of the appellant's extensive record and the horrific circumstances surrounding the index offences, we conclude that the sentence imposed was appropriate. Leave to appeal sentence is granted but the sentence appeal is dismissed.