Court of Appeal for Ontario
Date: 2017-04-13 Docket: C62902
Judges: Laskin, Watt and Hourigan JJ.A.
Between
Her Majesty the Queen Respondent
and
Bradley Rosenberg Appellant
Counsel
Bradley Rosenberg, appearing in person Brian Snell, duty counsel Susan Magotiaux, for the respondent
Heard: April 10, 2017
Decision
On appeal from the sentence imposed on October 14, 2016 by Justice James J. Keaney of the Ontario Court of Justice.
Appeal Book Endorsement
[1] The appellant appeals his sentence of two years less a day for defrauding three victims. Duty counsel makes two main submissions:
(1) The trial judge failed to give effect to the evidence of remorse; and
(2) The trial judge jumped the Crown's position, which was for an 18-month sentence, without affording defence counsel an opportunity to make further submissions.
[2] On duty counsel's first point we agree with the Crown that it was open to the trial judge to reject the evidence of remorse, and instead rely on the evidence of police officer Horner. Horner's opinion was to some extent supported by the 2010 report of the psychologist.
[3] On duty counsel's second point, we agree that the trial judge should have given defence counsel an opportunity to make further submissions on the proposed sentence of 18 months suggested by the Crown.
[4] Nonetheless, the sentence of two years less a day was fit, and perhaps even lenient. These were serious frauds with serious consequences, especially for the female victim. Although the appellant pleaded guilty, he did so only after the victims were forced to testify at the preliminary inquiry. And when he committed these frauds the appellant was on probation for previous frauds.
[5] Accordingly, though leave to appeal sentence is granted, the sentence appeal is dismissed. The appellant shall have 120 days following release from custody to pay the victim surcharge fine. Finally we recommend that the appellant be returned to Central North as quickly as possible so that he can observe the Passover and attend his parole hearing.