Court File and Parties

CITATION: R. v. Hall, 2010 ONCA 498

DATE: 20100709

DOCKET: C49445

COURT OF APPEAL FOR ONTARIO

Moldaver, Simmons and Juriansz JJ.A.

BETWEEN:

Her Majesty The Queen

Respondent

And

Jeffrey Hall

Applicant/Appellant

Counsel: John M. Rosen and Paul Alexander, for the appellant Kim Crosbie, for the respondent

Heard and endorsed: July 8, 2010 On appeal from sentence imposed by Justice Gene Ewaschuk of the Superior Court of Justice dated May 1, 2008.

APPEAL BOOK ENDORSEMENT

[1] While it may well be that Deganis’ animus towards homeless people was more virulent and deep-seated than that of the appellant, it was open to the trial judge to find that the appellant actively participated in the savage beating motivated at least in part by an animus towards homeless people in Moss Park. This was a significant aggravating feature that the trial judge appropriately took into account.

[2] As for the trial judge’s finding that the appellant’s conduct amounted to a breach of trust, we do not believe that the trial judge had in mind s. 718.2(a)(iii) of the Code. Rather, he was observing that the appellant’s conduct was inconsistent with the role the public expects of the military and that it also brought dishonour on the Canadian military in general. In our view, it was appropriate for the trial judge to take those considerations into account.

[3] Overall, having regard to the extreme gravity and seriousness of the appellant’s crimes, we are of the view that the sentence imposed by the trial judge was both measured and reasonable and took into account the appellant’s youth, his remorse and his prospects for rehabilitation.

[4] Accordingly, while leave to appeal sentence is granted, the appeal from sentence is dismissed.