Court of Appeal for Ontario

Citation: R. v. Scott, 2016 ONCA 498

Date: 2016-06-22

Docket: C59340

Before: Doherty, Feldman and Brown JJ.A.

Between:

Her Majesty the Queen (Appellant)

and

Percy Basil Scott (Respondent)

Counsel:

Michael Fawcett, for the appellant

Eva Taché-Green, for the respondent

Heard: June 20, 2016

An application for leave to appeal sentence and, if leave is granted, an appeal from the sentence imposed by Justice S. Rogin of the Superior Court of Justice on August 18, 2014.

APPEAL BOOK ENDORSEMENT

[1] We are troubled by this sentence. Certainly, it could have been higher. We must, however, defer to the sentence imposed at trial, absent a finding that the sentence was manifestly unfit.

[2] The co-accused all received the same sentence. This appeal can only succeed if the Crown can convince us that the failure to draw a substantial difference between the respondent who was older and had a much longer, but not necessarily more serious criminal record, and the others rendered the sentence manifestly unfit.

[3] Certainly, a distinction could have been drawn between the respondent and the others, although on the trial judge’s finding, all were equally culpable in the home invasion.

[4] After anxious consideration, we cannot say that the failure to give the appellant a significantly longer sentence rendered the sentence manifestly unfit.

[5] Leave to appeal is granted. The appeal is dismissed.