Court File and Parties

CITATION: R. v. Weberg, 2007 ONCA 833

DATE: 2007-11-30

DOCKET: C47476

COURT OF APPEAL FOR ONTARIO

ROSENBERG, LANG and ROULEAU JJ.A.

BETWEEN:

HER MAJESTY THE QUEEN Respondent

and

KEVIN WEBERG Applicant/Appellant

Counsel: Gavin MacKenzie for the appellant M. Ragsdale for the respondent

Heard: November 30, 2007

On appeal from the judgment of Justice Peter T. Bishop of the Ontario Court of Justice dated May 28, 2007.

APPEAL BOOK ENDORSEMENT

[1] The appellant submits that the sentencing judge imposed a sentence outside the range resulting from his mischaracterizations of the circumstances of the offence.

[2] We disagree. We see no error in the sentencing judge’s characterization of this prolonged assault as brutal. There were aggravating features to this assault including the violent entry into the home at night, the assault in front of their child and the kicking of the complainant while she lay on the floor.

[3] We also reject the submission that the sentencing judge erred in stating that the firing of the arrow as the complainant fled the scene was threatening. The facts supported this finding. The sixteen months sentence, while at high end of the range was not unfit in the circumstances of this offence and this offender. This was the appellant’s second conviction for assaulting his spouse.

[4] Appeal is therefore dismissed.