Court File and Parties

CITATION: R. v. Knuff, 2009 ONCA 349

DATE: 20090428

DOCKET: C49350

COURT OF APPEAL FOR ONTARIO

Laskin, Armstrong and Blair JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

Robert Knuff

Appellant

Counsel: Mark Halfyard, for the appellant Brad Greenshields, for the respondent

Heard: April 27, 2009

On appeal from the sentence imposed on February 12, 2008 by Justice Richard Blouin of the Ontario Court of Justice.

APPEAL BOOK ENDORSEMENT

[1] The appellant submits that the trial judge erred in principle by using a three-year penitentiary term as a starting point for dangerous driving involving a police chase. We do not agree with this submission.

[2] The trial judge looked to the case law for guidance, but expressly recognized that these cases are fact-specific. He took into account the many mitigating considerations in the appellant’s favour. However, he concluded that in the light of the many aggravating features of the appellant’s conduct – see para. 11 of the Crown’s factum – a lower penitentiary sentence was called for. We are not persuaded that he erred in his conclusion.

[3] Although the appellant is to be commended for his post-sentencing conduct – as reflected in the fresh evidence – that is a matter for the Parole Board’s consideration.

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