Court of Appeal for Ontario

Citation: R. v. Gringel, 2012 ONCA 48

Date: 2012-01-26

Docket: C54239

Judges: Feldman, Watt JJ.A. and Dambrot J. (ad hoc)

Between:

Her Majesty The Queen

Respondent

and

Brian Walter Gringel

Applicant (Appellant)

Counsel:

Lori Anne Thomas, for the appellant

Dena Bonnet, for the respondent

Heard and endorsed: January 24, 2012

On appeal from the sentence imposed on August 18, 2011 by Justice R. Del Frate of the Superior Court of Justice, sitting without a jury.

APPEAL BOOK ENDORSEMENT

[1] The appellant appeals his sentence of 15 months for possession of child pornography. The basis of the appeal is that this reflects a sentence closer to the high end than the middle of the appropriate range. The appellant submitted at trial and reiterates here that he should have received the low end of the mid range of 9 – 12 months.

[2] In our view, the trial judge took into account all of the mitigating factors and made no error in imposing a 15-month sentence which is not at the top end of the range. The appellant is to be commended for seeking treatment and recognizing his problem. This factor was considered by the trial judge.

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