Court of Appeal for Ontario
CITATION: R. v. Sinclair, 2015 ONCA 721
DATE: 20151027
DOCKET: C60526
Feldman, Benotto, Roberts JJ.A.
BETWEEN
Her Majesty the Queen
Respondent
and
Graham Sinclair
Appellant
Counsel: Kristin Bailey, for the appellant Jennifer Mannen, for the respondent
Heard: October 19, 2015
On appeal from the sentence imposed on February 25, 2015 by Justice June Maresca of the Ontario Court of Justice, sitting without a jury.
ENDORSEMENT
[1] The sentencing judge made no error in principle in imposing a global sentence of fifteen months, less one month’s credit for pretrial custody, for the three very serious offences that Mr. Sinclair admitted committing.
[2] His previous offences and their aggravating features were violent in nature, including sexual exploitation of his stepdaughter, obstructing justice, and a breach of an undertaking not to communicate with his stepdaughter and former spouse. This was his second breach of this no communication order. Together with those circumstances, the undertone of violence in the very specific threats against his stepdaughter and former wife required the sentencing judge to give prominence to the sentencing principles of denunciation and deterrence. She also considered the principle of Mr. Sinclair’s rehabilitation.
[3] While not expressly alluding to Mr. Sinclair’s guilty plea, the sentencing judge clearly was aware of it having taken it that day and clearly gave effect to it as a mitigating factor on sentence, given that she declined to impose the eighteen-month global sentence demanded by the Crown. Instead, she imposed a global sentence that was in the mid-range for these three offences. Even consecutive to the eleven-month sentence that Mr. Sinclair was already serving, the fourteen-month sentence was well within the appropriate sentencing range. The totality principle was not violated.
[4] As a result, while we grant Mr. Sinclair leave to appeal his sentence, we dismiss this appeal.
“K. Feldman J.A.”
“M.L. Benotto J.A.”
“L.B. Roberts J.A.”