Court of Appeal for Ontario

Date: 2017-08-17

Docket: C60715

Judges: Doherty, LaForme and Rouleau JJ.A.

Between

Her Majesty the Queen Respondent

and

Frank Asmann Appellant

Counsel

Richard Litkowski, for the appellant

Andreea Baiasu, for the respondent

Hearing

Heard: August 16, 2017

On appeal from the conviction entered by Justice E. Minden of the Superior Court of Justice on May 13, 2015, and the sentence imposed on May 14, 2015.

Appeal Book Endorsement

[1] On the evidence accepted by the trial judge, the BB gun fell within the definition of firearm in s. 2 of the Criminal Code. That definition applies to the entire "Act". There is no principled basis upon which to read the word "firearm" in the robbery provision (s. 344) as not including a device that falls within the definition of firearm in s. 2. The other firearm-related definitions and provisions in the Criminal Code do not come into play.

[2] The conviction appeal is dismissed.

[3] The total sentence imposed was not unfit. The trial judge fully appreciated the factors relevant to sentencing. In his usual fashion, he gave those factors full and sensitive consideration. We would not interfere.

[4] The appeal is dismissed.