Court File and Parties

CITATION: R. v. O'Connor, 2009 ONCA 346

DATE: 20090428

DOCKET: C47971

COURT OF APPEAL FOR ONTARIO

Laskin, Armstrong and Blair JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

Graham O’Connor

Appellant

Counsel: Michael J. Shea, for the appellant Gavin MacDonald, for the respondent

Heard: April 27, 2009

On appeal from the sentence imposed on January 5, 2007 by Justice Nick Borkovich of the Superior Court of Justice, sitting with a jury.

APPEAL BOOK ENDORSEMENT

[1] The appellant appeals an eight-year sentence for aggravated assault. His main submission if that the trial judge erred in holding “I do not see that there is any hope of rehabilitation for you.” He contends he has shown recognition that what he did was wrong and that he has some prospect for rehabilitation.

[2] On the material before him, especially the pre-sentence report and the appellant’s criminal record, we think that the trial judge was justified in taking a dim view of the possibility of rehabilitation. Moreover, in our view, having regard to the factors set out in paragraph 15 of the Crown’s factum, the sentence imposed was fit.

[3] Accordingly, although leave to appeal sentence is granted, the appeal is dismissed.