Court of Appeal for Ontario

Date: 2018-02-13 Docket: C62883 Judges: MacPherson, Huscroft and Trotter JJ.A.

Between

Her Majesty the Queen Respondent

and

Shawn D. McIntosh Appellant

Counsel

Shawn D. McIntosh, acting in person

Grace Choi, for the respondent

Erika Chozik, duty counsel

Heard

February 6, 2018

Appeal Information

On appeal from the conviction entered on April 29, 2016 and the sentence imposed on March 29, 2016 by Justice Richard T. Knott of the Ontario Court of Justice.

Appeal Book Endorsement

[1] The appellant was charged with criminal harassment, breach of recognizance (x2) and point a firearm. The appellant pled guilty to all offences except pointing a firearm.

[2] The appellant testified. He was disbelieved. The trial judge found that the evidence established guilt beyond a reasonable doubt.

[3] There is no basis to disturb the trial judge's conclusions. The appellant raised concerns about how his trial was conducted. He complains that there was no territorial jurisdiction established to conduct his trial. We disagree. The appellant complains that the trial judge misused his criminal record. Again, we disagree, but in any event, it had no impact on the ultimate result. Finally, we disagree that the trial judge erred in how he assessed the victim's credibility. The appeal from conviction is dismissed.

[4] The appellant seeks a one-month reduction in his sentence so that he can complete the remaining weeks of his time in a provincial institution. There is no basis to make this adjustment when he is so close to being released. We also note that the appellant is being held until his warrant expiry date. We would not interfere with this process. The appeal from sentence is dismissed.