CITATION: R. v. Pakul, 2008 ONCA 230

DATE:20080402

DOCKET: C45203

COURT OF APPEAL FOR ONTARIO

DOHERTY, MOLDAVER and CRONK JJ.A.

BETWEEN:

HER MAJESTY THE QUEEN

Respondent

and

ROBERT PAKUL

Appellant

Constance Baran-Gerez for the appellant

Greg Skerkowski for the respondent

Heard: April 1, 2008

On appeal from the conviction entered by Justice R. Byers, of the Superior Court of Justice, sitting with a jury, dated October 14, 2005 and the sentence imposed on December 16, 2005.

APPEAL BOOK ENDORSEMENT

[1] The sentence was fit. This was a vicious, unprovoked attacked on a totally innocent victim. The victim suffered serious injuries and but for good luck, might have been killed.

[2] The trial judge stressed denunciation and general deterrence. He was correct to do so. A trial judge does speak for the community and must reflect the legitimate concerns of the community as part of the total picture to be considered on sentencing.

[3] The trial judge did not treat the appellant as if he had been convicted of attempted murder. The trial judge expressly cautioned himself against doing so.

[4] The appeal is dismissed.