Court of Appeal for Ontario

CITATION: R. v. Moore, 2012 ONCA 763

DATE: 20121109

DOCKET: C53361

Before: Simmons, Armstrong and Watt JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

Jerome Moore

Appellant

Counsel:

R. Craig Bottomley and Chris Sewrattan, for the appellant

Nadia Thomas, for the respondent

Heard and released orally: November 2, 2012

On appeal from the conviction entered on November 17, 2010 and the sentence imposed on February 11, 2011 by Justice Julie A. Thorburn of the Superior Court of Justice, sitting without a jury.

ENDORSEMENT

[1] The appellant appeals a three year sentence of imprisonment imposed for theft of a motor vehicle with a value over $5,000. The appellant argues that the sentence imposed is demonstrably unfit and outside the range of sentence imposed for similar offences and offenders.

[2] We do not accept this submission. The circumstances of the offence involved a premeditated theft from a car dealership. The appellant presented false identification (driver’s licence) and went for a test drive with a car salesman. He stopped the vehicle on the side of the 427 highway and, after some form of interaction in the vehicle, told the salesman to “get the fuck out of the car”. The victim was left terrified by these events.

[3] The appellant has a lengthy criminal record. At the time of the offence he was on probation, subject to a recognizance that prohibited him from driving, and he had no driver’s licence.

[4] In the circumstances, we are not persuaded the sentence was demonstrably unfit or outside the range of sentence imposed for similar offenders and offences.

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

“Janet Simmons J.A.”

“Robert P. Armstrong J.A.”

“David Watt J.A.”