Court of Appeal for Ontario

Citation: R. v. Harun, 2011 ONCA 699

Date: 2011-11-09

Docket: C53958

Between:

Her Majesty The Queen Respondent

and

Dedecho Harun Appellant

Before: Rosenberg, Sharpe and Juriansz JJ.A.

Counsel: Howard L. Krongold, for the appellant Matthew Asma, for the respondent

Heard and endorsed: November 8, 2011

On appeal from sentence by Justice C. Dorval of the Ontario Court of Justice dated June 9, 2011

APPEAL BOOK ENDORSEMENT

[1] The trial judge erred in applying the amendments to s. 719 of the Criminal Code. Those amendments did not apply to this appellant since the offence was committed before the amendments came into force.

[2] That said, this case is governed by this Court’s holding in R. v. Rezaie (1997), 1996 CanLII 1241 (ON CA), 112 C.C.C. (3d) 97 at 106. In our view, the effective sentence of just over 5 years imprisonment is fit. This was a very serious offence committed by an offender with a record of violence. The appellant administered a brutal beating to the victim over a three-hour period because she had spoken to the police about a crime he committed against her. He intended to send a message to other members of the community by this beating. While the appellant may have been under the influence of drugs at the time, he had carefully planned the offence.

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