Court of Appeal for Ontario

Date: 2017-02-16 Docket: C61885

Judges: Doherty, Laskin and Roberts JJ.A.

Between

Her Majesty the Queen Respondent

and

John Hammond Appellant

Counsel

Richard Litkowski, for the appellant

Mabel Lai, for the respondent

Hearing

Heard: February 16, 2017

On appeal from the conviction entered by Justice Schwarzl of the Ontario Court of Justice, dated January 22, 2016, and the sentence imposed on April 1, 2016.

Appeal Book Endorsement

[1] We see no error in the reasons. The trial judge identified intent as one of the issues. His finding that the appellant made a "throat cutting" gesture was fully supported, not only by the complainant's evidence, but also by the appellant's statement made immediately after he made the gesture. The finding that the gesture was made with the requisite intent flowed inevitably from the finding of the nature of the gesture made by the appellant. Even the appellant acknowledged that if he made the "throat cutting" gesture, it would be a threatening gesture.

[2] The trial judge imposed a sentence of eight months, followed by 18 months' probation. He identified the many mitigating factors and the aggravating factors. This was a serious offence. The appellant attempted to intimidate a particularly vulnerable witness and he did so in the face of the court. A denunciatory sentence was necessary. The trial judge correctly identified the protection of the judicial process and those who participate in it as the paramount concern.

[3] We cannot say that the sentence is demonstrably unfit.

[4] The appeal is dismissed.