Court of Appeal for Ontario

Citation: R. v. Champion, 2009 ONCA 184

Date: 2009-03-02

Docket: C48997

Before: O’Connor A.C.J.O., Rosenberg and Goudge JJ.A.

Between:

Her Majesty the Queen (Respondent)

and

Sanford Champion (Appellant/Applicant)

Counsel: David Russell, for the appellant Benita Wassenaar, for the respondent

Heard and orally released: February 24, 2009

On appeal from the sentence entered by Justice Bruce A. Glass of the Superior Court of Justice on March 10, 2008.

ENDORSEMENT

[1] We agree with the appellant that the trial judge erred in taking the appellant’s lack of remorse into consideration as an aggravating factor. Despite the error, we are satisfied that the one-year custodial sentence was fit. The appellant’s fraud involved abusing the trust placed in him by fellow members of his church. He took advantage of individuals who were vulnerable, both because of their age and their relationship with the appellant.

[2] The more serious offences had a devastating impact on an elderly couple. They lost their family home and life savings. Their future financial security is in jeopardy.

[3] The appellant’s offences were motivated by greed; his actions were calculated and callous.

[4] We recognize that the appellant was initially a victim of a fraudulent scheme and also that he is a first offender. While the appellant’s rehabilitation is obviously one factor, we are of the view that the principles of denunciation and deterrence, general and specific, warrant a custodial sentence. We are satisfied that the twelve months custodial sentence imposed at trial was within the appropriate range and entirely fit. We dismiss the appeal against sentence.

“Dennis O’Connor A.C.J.O.”

“M. Rosenberg J.A.”

“S.T. Goudge J.A.”