Court File and Parties

Citation: R. v. Oladimeji, 2012 ONCA 19

Date: 2012-01-11

Docket: C54066

Court of Appeal for Ontario

Winkler C.J.O., Doherty and Goudge JJ.A.

Between

Her Majesty the Queen

Respondent

and

Olayikanmi Oladimeji

Appellant

Counsel: Andrew Furgiuele, for the appellant Scott Latimer, for the respondent

Heard: January 10, 2012

On appeal from the sentence imposed by Justice J.C. Moore of the Ontario Court of Justice dated July 15, 2010.

Appeal Book Endorsement

[1] The trial judge misapprehended the evidence. This was not an attack on a stranger as indicated by the trial judge on three occasions in his reasons. The assault occurred in the course of a drug transaction.

[2] The misapprehension of the evidence was material to the determination of the sentence and constitutes an error in principle. We must, therefore, examine the fitness of sentence afresh.

[3] This was a serious assault with a weapon (a brick). The victim suffered injuries of some significance. The appellant has a lengthy record, although his longest prior sentence was a one-year term.

[4] We are satisfied that a sentence of two years, in addition to the four months pre-trial custody, is a fit sentence in the circumstances. The sentence is varied accordingly.