COURT OF APPEAL FOR ONTARIO

CITATION: R. v. Beals, 2013 ONCA 6

DATE: 20130109

DOCKET: C56128

Weiler, Blair and Rouleau JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

Jermaine Beals

Appellant

Brady Cunningham, for the appellant

Mabel Lai, for the respondent

Heard: January 7, 2013

On appeal from the sentence imposed on May 15, 2012 by Justice Alphonse T. Lacavera of the Ontario Court of Justice.

APPEAL BOOK ENDORSEMENT

[1] The appellant was convicted of forcible entry (s. 72(1)), public mischief (s. 140), assault causing bodily harm (s.267), being unlawfully in a dwelling house (s. 349(1)), uttering death threats (s. 264.1), and failure to comply with probation (s. 145(3)). He received a sentence of 12 months incarceration plus two years probation. With respect to the breach of probation, the sentencing judge sentenced the appellant to time served of 4.5 months pre-trial custody.

[2] The appellant appeals the sentence on the grounds that (1) the sentence was harsh and excessive; (2) the trial judge failed to adequately apply the Gladue analysis; and (3) the sentence violates the jump principle.

[3] The appellant has served approximately eight months of his sentence. He requests that his sentence be substituted to time served plus one year probation.

[4] In our opinion, the sentencing judge did not err with respect to his application Gladue or the jump principle. In any event, the sentence was with the range and was fit.

[5] Accordingly, while leave to appeal sentence is granted, the appeal as to sentence is dismissed.