Court of Appeal for Ontario

CITATION: R. v. Hall, 2013 ONCA 228

DATE: 20130410

DOCKET: C55397

BEFORE: Sharpe, Gillese and Watt JJ.A.

BETWEEN

Her Majesty the Queen Respondent

and

Daniel Hall Appellant

COUNSEL: Paul Calarco, for the appellant Michael Perlin, for the respondent

HEARD: April 9, 2013

On appeal from the sentence imposed by Justice Donald J. Halikowski of the Ontario Court of Justice on February 17, 2012.

APPEAL BOOK ENDORSEMENT

[1] We are not persuaded that the trial judge erred in imposing this sentence. The trial judge recognized the appellant’s difficult background and addiction issues but concluded that given the gravity of these offences and the appellant’s very serious criminal record which includes several parole violations, a substantial penitentiary sentence was required. Despite Mr. Calarco’s able submissions, we cannot say that the trial judge erred by refusing to impose a reformatory term combined with a lengthy probation.

[2] The fresh evidence, even if admitted, is not sufficient to have any impact on this appeal. The fresh evidence application dated 10 January 2013 is to remain sealed.