Court File and Parties

CITATION: R. v. Samery, 2007 ONCA 643

DATE: 20070919

DOCKET: C47208

COURT OF APPEAL FOR ONTARIO

O’CONNOR A.C.J.O., MACPHERSON and JURIANSZ JJ.A.

BETWEEN:

HER MAJESTY THE QUEEN

Respondent

and

ROBERT SAMERY

Appellant

Counsel: Owen Wigderson for the appellant Peter Scrutton for the respondent

Heard: September 7, 2007

On appeal from the sentence imposed by Justice F.M. Campling of the Ontario Court of Justice on May 9, 2005.

APPEAL BOOK ENDORSEMENT

[1] The appellant plead guilty to repeated breaches of the non-communication and non-contact provisions in a recognizance. The Crown and defence jointly submitted that the appellant’s sentence should include a five year weapons prohibition order. The trial judge made the order.

[2] Fourteen months later, the appellant resiled from this position. He argued in the Summary Conviction Appeal Court and in this court that the conduct underlying the plea of guilty did not constitute a threat of violence and thus there was no basis for a weapons prohibition order.

[3] We do not accept this argument. We agree with the Summary Conviction Appeal Court judge that it was open to the trial judge to find that the appellant’s conduct amounted to implied threats of violence. The complainant, the appellant’s former wife, told the appellant that he was frightening her. Despite this, the appellant persisted in his conduct. There were clear grounds to find that the appellant knew that the complainant reasonably perceived the conduct as threatening and he continued.

[4] Accordingly, we see no basis to interfere with the weapons prohibition order. The appeal is dismissed.