Court of Appeal for Ontario

CITATION: R. v. Beaudin, 2012 ONCA 615

DATE: 20120917

DOCKET: C55328

BEFORE: Doherty, Hoy and Pepall JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

Roger Beaudin

Appellant

COUNSEL:

James Harbic, for the appellant

Riun Shandler, for the respondent

HEARD: September 17, 2012

On appeal from the sentence imposed on March 14, 2012 by Justice C. Kehoe of the Ontario Court of Justice.

APPEAL BOOK ENDORSEMENT

[1] The Crown concedes that the appellant should have received credit for his pre-trial custody (134 days). We are also satisfied that the sentence was manifestly excessive. Any assault on a police officer is serious. The Criminal Code requires that the court emphasize denunciation. The appellant has a long and serious record. However, taking into account those negative facts, but also the nature of the assault and the other cases which have considered sentences for that type of assault (spitting into the officer’s face), we think 18 months is too long. A sentence of 12 months would, in our view, meet the needs of deterrence and denunciation without going well beyond the sentences imposed for similar offences.

[2] The sentence is reduced to 365 days with credit for 134 days, resulting in a sentence of 231 days.