Court of Appeal for Ontario

Date: 2018-12-17 Docket: C64689

Judges: Feldman, MacPherson and Nordheimer JJ.A.

Between

Her Majesty the Queen Respondent

and

Alexander Wiafe Appellant

Counsel

For the Appellant: Delmar Doucette, as duty counsel; Alexander Wiafe, in person

For the Respondent: Ghazala Zaman

Heard: December 12, 2018

Appeal Book Endorsement

[1] Mr. Wiafe appeals his sentence of five years on his conviction for fraud over $5,000. He submits that the sentence is excessive, especially in light of civil penalties that Canada Revenue Agency has levied rising out of the same events. We do not agree.

[2] This was Mr. Wiafe's seventh conviction for fraud over. On his two last convictions he was sentenced each time to three years. The sentencing judge was entitled in his sentencing discretion to increase the sentence to reflect that reality, among others.

[3] The issue of the civil penalties is of limited relevance to the sentence in these circumstances and also in light of the reality that these penalties are levied against Mr. Wiafe's company, not against him personally.

[4] The appeal is dismissed.