COURT OF APPEAL FOR ONTARIO

CITATION: R. v. Addley, 2013 ONCA 50

DATE: 20130128

DOCKET: C55534

BEFORE: Rosenberg, Blair and Watt JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

Kevin Addley

Appellant

COUNSEL:

Eric D. McCooeye, for the appellant

Mabel Lai, for the respondent

HEARD: January 25, 2013

On appeal from the sentence imposed on January 5, 2012 by Justice Koke of the Superior Court of Justice, sitting with a jury.

APPEAL BOOK ENDORSEMENT

[1] Despite Mr. McCooeyes very helpful submissions we have not been persuaded that there are grounds for interfering with this sentence. There is no error in principle in the reasons for sentence. The trial judge took into account the appellants Aboriginal background in imposing a sentence that had a significant rehabilitative element. Despite the seriousness of the offence, the trial judge rejected the Crown`s position of a penitentiary sentence and imposed a reformatory sentence with probation, within the range suggested by trial defence counsel.

[2] The main focus of the appellant`s submissions in this court was on the material in the Gladue report that was tendered as fresh evidence. That report provides considerable information about the appellant and the impact on him and his mother of the Aboriginal experience. It also helps explain the conduct by the appellant, the importance to the appellant of preserving relationships and the impact of racism from the appellant’s own father.

[3] We have considered all this information as well as the information about the appellant`s rehabilitative efforts since he was released on bail.

[4] Nevertheless, we are of the view that the sentence was entirely fit given all the circumstances, including the seriousness of the offence, the devastating impact on the victim, the appellant’s relative youth, and the Aboriginal background.

[5] We have applied the analysis mandated by Gladue and Ipeelee. We are satisfied that this sentence fully reflects those principles.

[6] Accordingly, the appeal is dismissed.