Court of Appeal for Ontario
Date: 2018-02-14 Docket: C63727 Judges: MacPherson, Huscroft and Trotter JJ.A.
Between
Her Majesty the Queen Respondent
and
Anthony Constant-Booth Appellant
Counsel
Anthony Constant-Booth, acting in person
Deborah Calderwood, for the respondent
Robert B. Carew, duty counsel
Heard
February 8, 2018
Appeal Information
On appeal from the conviction entered on January 17, 2017 and the sentence imposed on April 27, 2017 by Justice Julianne A. Parfett of the Superior Court of Justice, sitting without a jury.
Appeal Book Endorsement
[1] The appellant appeals his conviction and sentence in relation to an aggravated assault that took place outside a McDonald's restaurant in Ottawa. The main issue at trial was identification.
[2] The trial judge provided detailed reasons to support her conclusion that the appellant had been identified as the assailant beyond a reasonable doubt. There was conflicting evidence on this issue which, in our view, the trial judge addressed in an adequate fashion. We are not persuaded that the reasons were wanting, nor do we believe that the verdict was unreasonable. The conviction appeal is dismissed.
[3] On sentence, we are not persuaded that the sentence imposed was unfit. This was a serious and cowardly attack of a man on the ground resulting in serious injuries. He required reconstructive surgery and experiences continued difficulties.
[4] Moreover, this is not a case where the parity principle requires an adjustment of the appellant's sentence. There were significant differences between the appellant and Mr. Bailey. For one, Mr. Bailey entered an early plea of guilty, a significant mitigating factor. Moreover, where Mr. Bailey has a very minor record, the appellant has a serious record for numerous and violent offences. Lastly, the offences committed by the two men were appreciably different and the appellant's was far more serious. In our view, the trial judge's careful reasons reflect these factors.
[5] In conclusion, while we acknowledge that the sentence imposed on the appellant was severe, it was not unfit. The appeal from sentence is dismissed.