Court of Appeal for Ontario

Citation: R. v. Hylton, 2016 ONCA 991 Date: 2016-12-29 Docket: C61821

Before: Juriansz, Watt and Roberts JJ.A.

Between:

Her Majesty the Queen Respondent

and

Howard Hylton Appellant

Counsel: Wayne Cunningham, for the appellant Kevin Rawluk, for the respondent

Heard and released orally: December 20, 2016

On appeal from the sentence imposed on April 1, 2014, by Justice L. Ricchetti of the Superior Court of Justice, with reasons reported at 2014 ONSC 1134.

ENDORSEMENT

[1] The appellant was sentenced to 10 years’ imprisonment for his role in a home invasion. He was deeply and completely involved in the preparation and execution of the home invasion. He was sentenced on convictions of 2 counts of robbery and one count each of unlawful confinement, discharging a firearm with intent to wound, aggravated assault, possession of a loaded prohibited firearm, and wearing a face mask with intent to commit an indictable offence.

[2] He seeks leave to appeal his sentence submitting that the trial judge failed to apply the principle that a youthful, first-time offender receive a sentence as short as possible. The appellant was 27 years old at the time of the offence and 30 years old at the time of sentencing. He further submits the trial judge’s reasons are not consonant with the reconciliation between denunciation and general deterrence and rehabilitation for serious crimes stated by this court in, for example, R. v. Brown, 2015 ONCA 361.

[3] The sentencing judge gave careful and detailed reasons for the sentence he imposed. He considered the appellant’s somewhat youthful age, his lack of a criminal record and the potential for his rehabilitation together with other mitigating factors and the many aggravating factors. His reasons disclose no error in principle and the sentence he imposed is not demonstrably unfit.

[4] While we grant leave to appeal, the appeal is dismissed.

“R.G. Juriansz J.A.”

“David Watt J.A.”

“Lois Roberts J.A.”