Court of Appeal for Ontario

CITATION: R. v. Harp, 2015 ONCA 589

DATE: 20150828

DOCKET: C60469

BEFORE: Laskin, Hourigan and Pardu JJ.A.

BETWEEN

Her Majesty the Queen Respondent

and

Matthew Lindsay Harp Applicant/Appellant

COUNSEL: Robert Sheppard, for the appellant Randy Schwartz, for the respondent

HEARD: August 24, 2015

On appeal from the sentence imposed on January 29, 2015 by Justice Wayne G. Rabley of the Ontario Court of Justice.

APPEAL BOOK ENDORSEMENT

[1] The appellant acknowledges that his sentence is not demonstrably unfit. Nonetheless he submits that the sentencing judge made two errors in principle. First, he failed to take into account Gladue principles; and second he failed to apply the jump principle.

[2] On the appellant’s first submission, even if the sentencing judge did not sufficiently consider Gladue principles, the sentence he imposed is still fit. The appellant has a very long criminal record, which includes many offences of violence and many property related offences. He has shown no regard for community based sanctions. Indeed, he committed these offences while bound by a probation order. And his conduct itself put a police officer at risk of harm.

[3] We note that the sentencing judge was aware of the appellant’s aboriginal background, and that counsel did not put before the court any detailed information about the appellant’s aboriginal circumstances.

[4] On the appellant’s second submission we agree with the Crown that the jump principle does not serve to reduce the appellant’s sentence. As Mr. Schwartz pointed out this was a measured, not a crushing increase in the appellant’s previous sentences, as he had received sentences of 6-9 months for previous property offences, and a 15 month sentence for a crime of violence, extortion.

[5] For these reasons, though leave to appeal sentence is granted, the sentence appeal is dismissed.