Court of Appeal for Ontario

CITATION: R. v. Smith, 2012 ONCA 645

DATE: 20120926

DOCKET: C52709-C53855

BEFORE: Doherty, Hoy and Pepall JJ.A.

BETWEEN

Her Majesty the Queen Appellant

and

Randy Smith Respondent

COUNSEL: Greg Skerkowski, for the appellant Nicole Rozier, for the respondent

HEARD: September 21, 2012

On appeal from the dismissal of the application for a s. 752.1 assessment order entered on August 31, 2010 by Justice Kiteley of the Superior Court of Justice.

APPEAL BOOK ENDORSEMENT

[1] We would allow the appeal.

[2] We agree with and adopt the careful and cogent reasons of Cameron J.A. in R. v. Goforth (2005), 2005 SKCA 12, 193 C.C.C. (3d) 354, leave to appeal to SCC refused, [2005] S.C.C.A. No. 456. That court’s analysis of the relevant definition in s. 752.1 was approved in R. v. Lebar (2010), 2010 ONCA 220, 252 C.C.C. (3d) 411 albeit in the context of s. 742.1.

[3] The trial judge found that all of the other criteria required for an assessment order were met. As we are satisfied that on a proper interpretation, some of the respondent’s offences fall within the definition of “serious personal injury offence”, it follows that the trial judge should have ordered an assessment under s. 752.1(1).

[4] We would allow the appeal, set aside the sentence imposed, order an assessment under s. 752.1(1), and the matter is remitted to the trial judge for such further proceedings as may be appropriate.