Court of Appeal for Ontario

Citation: R. v. Calovic, 2011 ONCA 542

Date: 20110802

Docket: C52759

Before: Feldman, Blair and Watt JJ.A.

Between

Her Majesty the Queen

Respondent

and

Thomas Milo Calovic

Appellant

Counsel:

Jack McCulligh, for the appellant

Matthew Asma, for the respondent

Heard and released orally: July 28, 2011

On appeal from the conviction entered on July 20, 2010, and the sentence imposed on November 3, 2010, by Justice John McMahon of the Superior Court of Justice, sitting without a jury.

ENDORSEMENT

[1] The trial judge’s reasons reflect the proper weighing of the evidence adduced, no misapplication of the burden or standard of proof, and they are fully supported by the evidence.

[2] As to sentence, we are satisfied that the sentence imposed reflects no error in principle, falls within the range of sentences appropriate for the circumstances of this offence and offender, and is consistent with the governing sentencing objectives, principles, and factors.

[3] The appeal from conviction is dismissed. Leave to appeal sentence is granted but the appeal from sentence is also dismissed.

“K. Feldman J.A.”

“R. A. Blair J.A.”

“David Watt J.A.”