Court of Appeal for Ontario

Date: 2017-03-22 Docket: C61209

Judges: Rouleau, Pepall and Roberts JJ.A.

Between

Her Majesty the Queen Respondent

and

Arthur Brown Andersen Applicant/Appellant

Counsel

Robert Sheppard, for the appellant

David Friesen, for the respondent

Hearing

Heard: March 20, 2017

On appeal from the sentence imposed on September 23, 2014 by Justice Goldstein of the Superior Court of Justice.

Appeal Book Endorsement

[1] The appellant was convicted of aggravated assault with a weapon for which he received a sentence of 9 years less 18 months pre-sentence custody. He argues that the sentencing judge erred in failing to consider whether intent to kill was the only available inference. Intent to kill was found to be an aggravating factor. He also argues that given the mitigating factors, the sentencing judge failed to apply the principle of proportionality.

[2] We do not agree with these submissions. The sentencing judge was alert to and carefully balanced the mitigating and aggravating factors. Further, the sentencing judge was entitled to take into account the seriously aggravating factor that the appellant intended to kill the complainant. He committed no error in his analysis. The sentence is fit in the circumstances of this case. Leave to appeal sentence is granted, but the appeal is dismissed.