Court File and Parties

Citation: R. v. Mercieca, 2011 ONCA 710 Date: 2011-11-14 Docket: C53666

Court of Appeal for Ontario Simmons, Cronk and Blair JJ.A.

Between: Her Majesty the Queen, Respondent and Jordan Mercieca, Appellant

Counsel: Julie Santarossa, for the appellant Scott Latimer, for the respondent

Heard and released orally: November 3, 2011

On appeal from the conviction entered on October 26, 2010 and the sentence imposed on April 8, 2011 by Justice David Salmers of the Superior Court of Justice.

Endorsement

[1] Following a jury trial, the appellant was convicted of aggravated assault and sentenced to three years’ imprisonment.

[2] The offence involved a vicious assault on a man previously rendered senseless and defenceless by a blow to the head with an umbrella pole by an unknown assailant.

[3] The trial judge gave thorough and careful reasons considering all the relevant factors. We are not persuaded he committed any error in principle in imposing a sentence of three years’ imprisonment.

[4] That said, in our view, the fresh evidence demonstrates that the appellant has made significant strides towards his rehabilitation and that, in fact, he appears to have turned his life around. While we consider that the three year sentence was fit at the time it was imposed, as the Crown responsibly acknowledges, the fresh evidence demonstrates that the appellant's rehabilitative efforts warrant recognition.

[5] In the circumstances, leave to appeal sentence is granted, the appeal is allowed and the sentence is reduced to two years’ imprisonment.

[6] The conviction appeal is dismissed as abandoned.

Signed: "Janet Simmons J.A." "E. A. Cronk J.A." "R. A. Blair J.A."