Court of Appeal for Ontario

Citation: R. v. Klapchuk, 2012 ONCA 284 Date: 2012-05-01 Docket: M40962 (C54061)

Before: Weiler, Simmons and Cronk JJ.A.

Between:

Her Majesty The Queen Respondent

and

Ulyana Klapchuk Appellant

Counsel: Ulyana Klapchuk, in person Vincenzo Rondinelli, for the appellant Howard Leibovich, for the respondent

Heard and released orally: April 17, 2012

On appeal from the sentence imposed on July 7, 2011 by Justice Todd Archibald of the Superior Court of Justice, sitting without a jury.

Endorsement

[1] After pleading guilty to aggravated assault, the appellant was sentenced to two years less a day imprisonment in addition to 7 months credit for pre-sentence custody.

[2] This appeal turns on the interpretation of the sentencing judge's comments "but I don't think I can go much lower than that, quite frankly. I want you to know that that I don't think I can go any lower than that because of the nature of the wound".

[3] We do not interpret the sentencing judge as saying he was legally prohibited from imposing a lower sentence. Rather, in his view, a lower sentence was not appropriate in the circumstances of this case.

[4] Nor do we view the sentence imposed as being unfit. The appellant inflicted a serious life-threatening stab wound to the victim's neck. About 8 months prior to the sentencing hearing she had been convicted for a similar offence, assault causing bodily harm, against her mother for which she received a suspended sentence and 2 years probation. The sentencing judge properly considered all the other aggravating and mitigating circumstances of the case. In all the circumstances, the sentence imposed was not harsh and excessive.

[5] Leave to appeal sentence is granted, but the appeal is dismissed.

Signed: "K.M. Weiler J.A." "Janet Simmons J.A." "E. A. Cronk J.A."