CITATION: R. v. Graham, 2007 ONCA 862
DATE: 20071207
DOCKET: C46480
COURT OF APPEAL FOR ONTARIO
LASKING, ROSENBERG and MACPHERSON JJ.A.
BETWEEN:
HER MAJESTY THE QUEEN
Respondent
and
JULIAN GRAHAM
Appellant
Christopher Hicks for the appellant
Alexander Alvaro for the respondent
Heard and endorsed December 7, 2007
On appeal from sentence imposed by Justice John McMahon of the Superior Court of Justice dated April 18, 2006.
APPEAL BOOK ENDORSEMENT
[1] While some of the trial judge’s reasons are ambiguous concerning the roles of the appellant and his brother, when he came to impose sentence the trial judge clearly and correctly distinguished between the two accused. The offences committed by this appellant were very grave. He was party to the pointing of a loaded shotgun in a public place and then took possession of the weapon when he was subject to three firearms prohibitions, was on probation and had only been released from jail one day earlier. Given the gravity of the offences, the appellant’s record and the other aggravating circumstances, we are satisfied that the sentence was fit.
[2] Although leave to appeal sentence is granted, the appeal is dismissed.