Court of Appeal for Ontario

CITATION: R. v. Mandzuk, 2007 ONCA 896

DATE: 20071220

DOCKET: C47605

BEFORE: DOHERTY, SHARPE and GILLESE JJ.A.

BETWEEN:

HER MAJESTY THE QUEEN

Respondent

and

RAYMOND MANDZUK

Appellant

COUNSEL:

Peter Bawden for the appellant

Frank Au for the respondent

HEARD: December 19, 2007

On appeal from the sentence imposed by Justice L.M. Budzinski of the Ontario Court of Justice on August 16, 2007.

APPEAL BOOK ENDORSEMENT

[1] The appellant received a sentence of 18 months. The appellant has been released on the Temporary Absence Program. On the appeal, he initially sought a conditional sentence. He now asks for time served (four months) to be followed by the three-year probation period imposed by the trial judge.

[2] The offence was very serious. The appellant retrieved, loaded and fired a rifle in close proximity to his wife during a domestic dispute. He did not hit her and did not intend to, however, he could easily have hit her and caused serious injury or death.

[3] There were many mitigating factors put forward on sentencing. The trial judge accepted the mitigating factors. In the end, he decided that denunciation required incarceration.

[4] This was a very difficult sentencing problem for the trial judge. Given that the appellant has been released on the Temporary Absence Program, he has effectively achieved a non custodial sentence and put himself in a position where he can continue his rehabilitation. In the circumstances, we would not interfere with the sentence imposed.

[5] Leave to appeal granted and the appeal is dismissed.