CITATION: R. v. Hanna, 2009 ONCA 797

DATE: 20091110

DOCKET: C50510

COURT OF APPEAL FOR ONTARIO

O’Connor A.C.J.O., Cronk and Watt JJ.A.

BETWEEN:

Her Majesty the Queen

Respondent

and

Rafid Hanna

Appellant

Counsel:

David W. Russell, for the appellant

Jacob Sone, for the respondent

Heard: November 9, 2009

On appeal from the sentence imposed by Justice G. Miller of the Superior Court of Justice on May 14, 2009.

APPEAL BOOK ENDORSEMENT

[1] The trial judge considered the imposition of a conditional sentence and rejected it. In our view, this decision was open to her.

[2] There was evidence to support the trial judge’s conclusion that the appellant posed a danger to the community. There was no evidence that he was receiving treatment for his medical condition. We do not accept that the trial judge overemphasized the need for specific and general deterrence. These were serious and frightening offences for both victims.

[3] The appeal is dismissed.