Court File and Parties

Citation: R. v. Yusuf, 2010 ONCA 522

Date: 20100721

Docket: C51813

Court of Appeal for Ontario

Before: Doherty, Gillese and Armstrong JJ.A.

Between

Her Majesty the Queen Respondent

and

Kamal Hassan Yusuf Appellant

Counsel: Howard L. Krongold, for the appellant Leanne Salel, for the respondent

Heard: July 20, 2010

On appeal from the sentence imposed by Justice Brennan of the Superior Court of Justice, sitting with a jury, dated January 25, 2010.

Appeal Book Endorsement

[1] Although we do not think that the trial judge failed to give proper consideration to the jury’s verdict (the jury acquitted on the wounding and convicted on the included offence of assault bodily harm), we are satisfied that the sentence is entirely justified on any view of the conviction. Clearly, the appellant struck the victim in the face once or more with real force. Blinded, she stumbled away and fell down the stairs. The appellant is properly held responsible for all of the victim’s injuries even if the blow or blows he struck did not “wound” the victim within the meaning of the Criminal Code.

[2] The appeal is dismissed.