Court of Appeal for Ontario

Citation: R. v. Ward, 2009 ONCA 777

Date: 20091105

Docket: C50241

Before: Laskin, Gillese and Juriansz JJ.A.

Between:

Her Majesty the Queen

Appellant

and

Darryl Ward

Respondent

Counsel:

Robin Flumerfelt, for the appellant

Darryl Ward, acting in person

Heard: November 3, 2009

On appeal from the sentence imposed on March 2, 2009 by Justice Minoo F. Khoorshed of the Ontario Court of Justice.

APPEAL BOOK ENDORSEMENT

[1] The trial judge recognized that a non-custodial sentence was exceptional. However, he relied on two considerations: the victim’s wishes and Mr. Ward’s remorse and apology, which the trial judge considered genuine.

[2] In fashioning an appropriate sentence, the court should treat a victim’s wishes cautiously. As we read his reasons, however, we think the trial judge recognized the principle but was satisfied the victim’s wishes were borne of love not fear or coercion. We are not persuaded that he erred in the sentence imposed.

[3] Moreover, the offences here seem entirely out of character. Mr. Ward has been making progress in dealing with his substance abuse. We see no benefit in incarcerating him at this stage.

[4] The sentence appeal is dismissed.