CITATION: R. v. Ochrym, 2008 ONCA 217

DATE: 20080401

DOCKET: C48001

COURT OF APPEAL FOR ONTARIO

SIMMONS, MacFARLAND and EPSTEIN JJ.A.

BETWEEN:

HER MAJESTY THE QUEEN

Respondent

and

TERRELL CHARLES OCHRYM

Appellant

Terrell Charles Ochrym, in person

Margaret Bojanowska, duty counsel

Joanne Stuart, for the respondent

Heard and released orally: March 17, 2008

On appeal from the sentence imposed by Justice Paul H. Reinhardt of the Ontario Court of Justice dated September 21, 2007.

ENDORSEMENT

[1] We see no reason to interfere with the sentence. It is within the range for similar offences and reveals no error in principle. Mr. Ochrym argues that the sentencing judge placed far too much weight on his criminal record. We reject this submission.

[2] The sentencing judge accurately described the offender’s record as “atrocious”. During a period of 14 years of involvement with the criminal justice system, there is only one year in which he was not convicted of any criminal offence. In total, Mr. Ochrym has been convicted of 62 offences.

[3] The sentencing judge considered the appropriate sentencing principles. He found in favour of the offender that, at the time he was in possession of the weapon in question, he intended to dispose of it. He then took into account the mitigating factors including Mr. Ochrym’s responsible conduct toward his former girlfriend and her child. However, the combination of the crimes for which the offender was convicted and his lengthy record of criminal activity led to a sentence that was fit in all of the circumstances.

[4] Accordingly, leave to appeal sentence is granted and the appeal is dismissed.

“J. Simmons J.A.”

“J. MacFarland J.A.”

“Epstein J.A.”