Court of Appeal for Ontario

CITATION: R. v. Mardumy, 2008 ONCA 274

DATE: 20080414

DOCKET: C47451

SIMMONS AND GILLESE JJ.A. AND WHALEN J. (AD HOC)

BETWEEN:

HER MAJESTY THE QUEEN

Respondent

And

NANGIYALI MARDUMY

Applicant/Appellant

Counsel:

Robert Sheppard for the appellant

Craig Harper for the respondent

Heard and endorsed: April 9, 2008

On appeal from the conviction entered by Justice Dougald R. McDermid of the Superior Court of Justice dated March 7, 2007 and from the sentenced imposed by Justice McDermid dated April 24, 2007.

APPEAL BOOK ENDORSEMENT

[1] The appellant seeks leave to appeal three concurrent sentences of six months’ imprisonment imposed in relation to convictions for assault with a weapon (a fork), uttering a death threat, and possession of a weapon for a purpose dangerous to the public peace. The victim of these offences was the appellant's younger sister.

[2] The appellant submits that the sentencing judge erred in failing to impose a conditional sentence, in particular by placing undue emphasis on the punitive aims of sentencing and by placing insufficient emphasis on the restorative aims of sentencing. The appellant also relies on the failure of the sentencing judge to take account of the impact of the pre-trial non-association condition on the appellant and his family.

[3] We do not accept these submissions. As was noted by the sentencing judge, the offences involved repeated acts of violence that lasted over a period of about one hour and constituted an attempt by the appellant to exercise power and control over his sister. The sentencing judge gave comprehensive reasons considering all of the relevant sentencing principles. In our view, his reasons reflect no error in principle, nor is the sentence manifestly unfit.

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