CITATION: R. v. Bryan, 2008 ONCA 300
DATE: 20080422
DOCKET: C47170
COURT OF APPEAL FOR ONTARIO
SIMMONS, MacFARLAND and EPSTEIN JJ.A.
BETWEEN:
HER MAJESTY THE QUEEN
Appellant/Applicant
and
LEON BRYAN
Respondent
Kim Crosbie for the appellant/applicant
Leslie Maunder for the respondent
Heard: April 3, 2008
On appeal from the sentence imposed by Justice David Stinson of the Superior Court of Justice on May 1, 2007.
ENDORSEMENT
[1] The respondent was charged with three offences: possession of a loaded prohibited firearm while not a holder of an authorization, licence or registration certificate; pointing a firearm without lawful excuse; and breach of the terms of a probation order requiring that he not possess any firearm or ammunition. He pled guilty to the first and third named offences and not guilty to the charge of pointing a firearm without lawful excuse. After a trial before a judge and jury, the respondent was convicted of the charge of pointing a firearm without lawful excuse.
[2] The respondent was sentenced to a total of four years’ imprisonment for the three offences less thirty-two months’ credit for pre-sentence custody, leaving a total sentence to be served of 16 months imprisonment plus two years’ probation. The sentences were broken down as follows: three-and-a-half years’ imprisonment on the possession of a prohibited firearm charge to be served concurrently with the sentence on the pointing a firearm charge; three-and-a-half years’ imprisonment on the pointing a firearm charge to be served concurrently with the sentence on the possession of a prohibited firearm charge; and six months’ imprisonment on the breach of probation charge to be served consecutively to the first two charges. Credit for pre-sentence custody was applied to the total sentence of four years’ imprisonment.
[3] In an endorsement released concurrently with this endorsement, we have allowed the respondent’s appeal from his conviction on the pointing a firearm charge and ordered a new trial. Accordingly, this endorsement relates solely to the Crown’s appeal from the sentences imposed on the possession of a prohibited firearm and breach of probation charges. As indicated above, the total sentence imposed on these charges was four years’ imprisonment less thirty-two months’ credit for pre-sentence custody plus two years’ probation.
[4] The Crown argues that the sentence is demonstrably unfit for the offences and the offender. We disagree.
[5] In his detailed reasons, the sentencing judge carefully analyzed the evidence called on sentencing and applied the appropriate sentencing principles. He specifically recognized the importance of addressing deterrence and denunciation for gun-related crimes “in the strongest possible terms”. He then reviewed the aggravating and mitigating factors that emerged from the circumstances of this offence and this offender. Notwithstanding Mr. Bryan’s lengthy record, in the face of the offender’s guilty plea, his youth, the evidence of his difficult upbringing and a specific finding that the offender had good rehabilitative potential, the sentencing judge decided to impose a sentence at the low end of the range of acceptable sentences for these types of offences.
[6] We see no basis on which to interfere with the sentence. It is within the range for similar offences and reveals no error in principle.
[7] Accordingly, leave to appeal sentence is granted and the appeal is dismissed.
“Janet Simmons J.A.”
“J. MacFarland J.A.”
“G. Epstein J.A.”