Court of Appeal for Ontario

Citation: R. v. Renwick, 2014 ONCA 787 Date: 2014-11-06 Docket: C58433

Before: Weiler, Gillese and MacFarland JJ.A.

Between:

Her Majesty the Queen Respondent

and

Tyler Lennox Renwick Appellant

Counsel: Tyler Lennox Renwick, acting in person Apple Newton-Smith, for the appellant Jennifer Mannen, for the respondent

Heard and released orally: November 5, 2014

On appeal from the sentence imposed on January 27, 2014 by Justice Steve A. Coroza of the Superior Court of Justice, sitting without a jury.

ENDORSEMENT

[1] Following a nineteen day trial by judge alone, the appellant was convicted of the following offences, most of which arose out of a home invasion: forcible confinement (x4), assault with a weapon (x4), pointing a firearm (x2), possession of weapon for dangerous purpose, discharge of a firearm, possession of a loaded prohibited firearm, being unlawfully in a dwelling house, possession of a firearm knowing the serial number was removed, unlicensed possession of a prohibited firearm, possession of a prohibited firearm with readily accessible ammunition, careless storage of ammunition, extortion, and possession of cocaine.

[2] He received a global sentence of 14 years, less 2136 days credit for pre-sentence custody (1424 days credited at 1=1.5), for an effective sentence of eight years, one month and 24 days.

[3] The appellant has abandoned his appeal against conviction. This is an appeal as to sentence only.

[4] The appellant’s submission is that his sentence of 12 years for the home invasion offences plus two years consecutive for the AK 47 found in the attic of his home resulted in a total sentence that was crushing and demonstrably unfit. The appellant submits that a sentence such as that suggested by counsel at trial, of eight to nine years less pre-sentence custody, was appropriate, having regard to his age, 21, his minor prior criminal record, and the fact that, since being taken into custody he has been doing everything to rehabilitate himself. He has been taking courses to overcome his alcohol problem, violence prevention courses, CPR and other courses.

[5] The trial judge was alive to the efforts the appellant was making to rehabilitate himself, his young age, and minor record. The appellant used a loaded weapon during the home invasion to terrorize and beat the members of the family. He held a loaded gun to the head of the 10 year old daughter, threatened to kill her, dragged and beat the eight year old son down the stairs by his hair, and when the complainant escaped on more than one occasion, he was followed and dragged back into the home and beaten further. During the course of events in the home the appellant discharged the gun.

[6] Having regard to the fact that the home invasion was for the purpose of terrorizing the complainant and his family, the gratuitous physical and permanent psychological damage the appellant inflicted, and the fact that afterwards he gloated about what he had done by sending a text, the sentence was not unfit. The trial judge made no error in principle and the sentence was within the range even having regard to the appellant’s relatively minor criminal record and youth. Accordingly, while leave to appeal sentence is granted the appeal as to sentence is dismissed.

“K.M. Weiler J.A.”

“E.E. Gillese J.A.”

“J. MacFarland J.A.”