Court of Appeal for Ontario

CITATION: R. v. Londonenko, 2009 ONCA 434

DATE: 20090526

DOCKET: C49283

BEFORE: Rosenberg, Armstrong and Epstein JJ.A.

BETWEEN:

Her Majesty The Queen

Respondent

And

Evgueni Londonenko

Appellant

COUNSEL:

Robert Sheppard for the appellant

Craig Harper for the respondent

HEARD AND RELEASED ORALLY: May 13, 2009

On appeal from conviction entered by Justice P. Hockin of the Superior Court of Justice, sitting with a jury, dated April 4, 2008 and sentence imposed dated May 7, 2008.

ENDORSEMENT

[1] We only called on Crown counsel to respond to the issue whether the trial judge properly answered the jury’s question about the available verdicts. While the trial judge’s initial response was somewhat confusing, we are satisfied that the trial judge then gave an accurate answer to the question. We are also satisfied that the trial judge gave an adequate and sufficient, albeit brief, description of the elements of the offences of both aggravated assault and assault causing bodily harm. There was evidence to support the finding that the injuries other than the stab wound constituted an aggravated assault.

[2] Accordingly, the appeal from conviction is dismissed.

[3] As to sentence, the appellant has served the custodial portion of the sentence and now only raises the length of the probation term. We are satisfied that this was an appropriate case for probation and there is no error in principle in the decision as to the length or the terms of the probation.

[4] Accordingly, leave to appeal sentence is refused.

Signed: “M. Rosenberg J.A.” “Robert P. Armstrong J.A.” “G. J. Epstein J.A.”