Court of Appeal for Ontario

Date: 2018-02-15 Docket: C64442

Judges: MacPherson, Huscroft and Trotter JJ.A.

Between

Her Majesty the Queen Respondent

and

Ronald Duivenvoorde Appellant

Counsel

Ronald Duivenvoorde, in person Erika Chozik, duty counsel Hannah Freeman, for the respondent

Heard: February 5, 2018

On appeal from the sentence imposed on September 12, 2017 by Justice N. Dwyer of the Ontario Court of Justice, sitting without a jury.

Appeal Book Endorsement

[1] The appellant appeals from his sentence of 12 months following convictions for failure to comply with a probation order and failure to comply with a recognizance. The offences involved breaching orders prohibiting him from possessing any device capable of accessing the Internet without prior permission of his probation officer and from possessing or using computers or devices with access to the Internet or a digital network. The orders were made following the appellant's second conviction for possession of child pornography.

[2] The appellant submits that the sentence is outside the proper range given that it is first breach and he is not a long term offender. He notes that he did not download illegal material.

[3] In our view, the offences were flagrant – planned and deliberate, and they occurred not long after his release. The trial judge described them as serious and persistent, and the appellant's actions as outrageous. We agree.

[4] There is no basis to interfere with the trial judge's exercise of sentencing discretion. He made no errors in law or principle, and the sentence imposed is not demonstrably unfit.

[5] The appeal is dismissed.