Court of Appeal for Ontario

Citation: R. v. Leppard, 2009 ONCA 677

Date: 20090923

Docket: C49419

Before: Sharpe, Gillese and LaForme JJ.A.

Between:

Her Majesty The Queen

Respondent

and

Darryl Leppard

Appellant

Counsel:

Catriona Verner, for the appellant

Chikeziri Igwe, for the respondent

Heard & released orally: September 17, 2009

On appeal from the sentence imposed by Justice D.J. Halikowski of the Ontario Court of Justice dated April 24, 2008.

ENDORSEMENT

[1] The appellant pleaded guilty to two counts of threatening death and one count each of breach of probation and breach of recognizance. The offences arise from a dysfunctional domestic relationship which had previously led to convictions for assault and harassment. The appellant seeks leave to appeal his sentence of four years in custody.

[2] Although these are serious offences, they arise out of an unusual situation. The appellant recognized his problem with his former domestic partner and attempted to extricate himself from contact with her by moving away several times. Unfortunately, she followed him and this led to further strife. The first threatening death count arose from a telephone call in which the appellant told the victim that he was moving away again and that he would kill her if she tried to follow him.

[3] While none of this justifies the appellant’s conduct or shifts responsibility for it to the victim, it is our view that in the unusual circumstances of this case, a sentence of four years in custody simply cannot be supported and is manifestly unfit. The authorities to which we have been referred imposing sentences of that length in domestic abuse cases all involved serious aggravating factors that are not present here.

[4] The appellant has now served the equivalent of 35 months in custody. We grant leave to appeal sentence, allow the appeal and vary the sentence to time served.

“Robert J. Sharpe J.A.”

“E.E. Gillese J.A.”

“H.S. LaForme J.A.”