Court of Appeal for Ontario

Citation: R. v. Stehniy, 2010 ONCA 269

Date: 20100413

Docket: C49421

Before: Goudge, Simmons and Lang JJ.A.

Between

Her Majesty the Queen

Respondent

and

Roman Stehniy

Appellant/Applicant

Counsel:

Alan Gold and Ildiko Erdei, for the appellant

Alexandra Campbell, for the respondent

Heard and released orally: April 7, 2010

On appeal from the conviction entered on August 5, 2008, and the sentence imposed on September 11, 2008, by Justice Gordon Lemon of the Superior Court of Justice, sitting with a jury.

ENDORSEMENT

[1] The appellant advances only one argument on the conviction appeal, namely that he was wrongly convicted of aggravated assault by maiming because there was no maiming of the complainant. The appellant does not quarrel with the charge to the jury, but says there was no evidence of maiming.

[2] We disagree. The complainant’s toe was almost completely cut off by the appellant. The complainant’s evidence was that this left him unable to take on his assailant, and although his toe was subsequently reattached, he was left permanently without feeling in it. It was open to the jury to convict the appellant of this offence on this basis.

[3] The appellant also argues that the sentence imposed of six years imprisonment less pre-sentence custody was outside the range for this offender and this offence. Again, we do not agree. While the appellant had no prior record, he inflicted a brutal, premeditated and prolonged night of torture on the complainant. Given the cruelty involved, and although it is near the top end, we do not find this sentence outside the range of sentences for this offender and this offence. There is no basis for us to interfere with it.

[4] The appeals as to conviction and sentence must both be dismissed.

“S.T. Goudge J.A.”

“Janet Simmons J.A.”

“S.E. Lang J.A.”