R. v. Yegin, 2010 ONCA 238

CITATION: R. v. Yegin, 2010 ONCA 238

DATE: 20100331

DOCKET: C50930

COURT OF APPEAL FOR ONTARIO

Doherty, Moldaver and Epstein JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

Mark Yegin

Appellant

Patrick F.D. McCann, for the appellant

J.K. Stewart, for the respondent

Heard: March 29, 2010

On appeal from the sentence imposed by Justice A. Roy of the Superior Court of Justice on February 20, 2009.

APPEAL BOOK ENDORSEMENT

[1] We think the sentence was entirely fit. The appellant, a long-time member of the criminal underworld, chose not to testify at a murder trial (he has since refused to testify at the trial of the co-accused).

[2] The justice system depends on witnesses who testify as required. The justice system’s response to those who prefer to remain aligned with their criminal cohorts rather than do their duty as citizens must be firm and direct – significant jail terms above and beyond whatever other period of incarceration the individual is, or might be, facing for his own participation in the relevant events must be imposed.

[3] We agree with the trial judge, “a strong message” must be given in circumstances like this. Those who choose not to testify in serious criminal cases will face “serious consequences”. Three years with one year credit for other incarceration was a fair sentence.

[4] The appeal is dismissed.