Court of Appeal for Ontario

CITATION: R. v. Smith, 2014 ONCA 669

DATE: 20140926

DOCKET: C56234

Doherty, Pepall and Tulloch JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

Robert Clifford Smith

Appellant

Counsel: Lance Beechener and Brian Eberdt, for the appellant Jennifer Mannen, for the respondent

Heard: September 24, 2014

On appeal from the sentence imposed on May 25, 2012 by Justice Jane E. Kelly of the Superior Court of Justice, sitting without a jury.

APPEAL BOOK ENDORSEMENT

[1] We are satisfied that we should not interfere with this sentence. Clearly the sentence went beyond the range of sentences established by appellate courts for this kind of offence. The trial judge was aware of the range and only departed from it after giving careful consideration to the extraordinary nature of this case, both as it relates to the serious and tragic circumstances and consequences of the offence and the appalling facts as they relate to the offender’s criminal and dangerous conduct throughout his adult life.

[2] Counsel for the appellant quite properly stressed the parity principle set out in s. 718.2(b) of the Criminal Code. However that is only one of several principles which must be taken into account in fixing an appropriate sentence which best serves the fundamental purpose of sentencing identified in s. 718. In our view it was open to the trial judge to conclude that in the egregious circumstances of this case that fundamental purpose could be served only by the imposition of a life sentence. It must be left to the Parole Board to determine if, when, and on what terms the appellant should be allowed to return to the community.

[3] The appeal is dismissed.