Court of Appeal for Ontario

Citation: R. v. Markozashvili, 2010 ONCA 52

Date: 20100122

Docket: C48950

Before: Sharpe, MacFarland and Watt JJ.A.

Between

Her Majesty the Queen

Respondent

and

Otari Markozashvili

Appellant

Counsel:

Paul Calarco, for the appellant

Brad Greenshields, for the respondent

Heard: January 20, 2010

On appeal from the conviction entered and the sentence imposed by Justice B.J. Young of the Ontario Court of Justice on June 10, 2008.

APPEAL BOOK ENDORSEMENT

[1] The appellant was convicted of two counts of dangerous operation of a motor vehicle causing bodily harm and assault with intent to resist arrest. He appeals his sentence of 90 days custody intermittent and a two-year driving prohibition.

[2] We see no error in this sentence. The appellant ran two red lights at well-travelled busy intersections and two people suffered significant injuries.

[3] The trial judge did take into account the fact the appellant was a first offender by rejecting the Crown’s submission for straight custodial term. Given the gravity of the conduct, the sentence is not outside the acceptable range. The submission that the sentence should be reduced because of alleged excessive force used by the police is inconsistent with the findings of the trial judge and the conviction for assault. Finally, this case plainly called for a two-year driving prohibition.

[4] Leave to appeal sentence is granted but the appeal is dismissed.