Court of Appeal for Ontario

Date: 2018-03-07 Docket: C62758

Judges: Pardu, Benotto and Nordheimer JJ.A.

Between

Her Majesty the Queen Respondent

and

Todd A. McConnell Appellant

Counsel

Robert F. Goddard, for the appellant

Lorna Bolton, for the respondent

Heard and Released

Heard and released orally: March 7, 2018

Appeal Information

On appeal from the conviction entered on October 17, 2013 by Justice Hugh McLean of the Superior Court of Justice, sitting with a jury.

Reasons for Decision

[1] The appellant submits that the trial judge erred in sentencing him for criminal harassment, careless use of a firearm, threatening to cause bodily harm and two breaches of weapons prohibition orders resulting in a global sentence of two years and six months, which the sentencing judge reduced by 18 months to reflect 12 months actual pre-sentence custody. The appellant no longer challenges the long-term supervision order also imposed by the sentencing judge.

[2] We do not accept that the trial judge erred by failing to give additional credit for terms of interim release which placed some strictures on the appellant. This was a discretionary call and we are satisfied that the sentencing judge gave weight to this factor in assessing the overall length of sentence.

[3] We are not satisfied that the trial judge treated the appellant for sentencing purposes as having deliberately shot towards the complainant's home. Rather, the trial judge found that the appellant's careless use of the firearm resulted in projectiles hitting the complainant's home. In any event, a concurrent sentence was imposed for careless use of the firearm and the nuance referred to on appeal would have had no impact on the global sentence.

[4] We are not persuaded that the appellant's post-sentence rehabilitative efforts are so extraordinary as to warrant interference with the trial judge's sentencing decision imposing a sentence which was entirely fit.

[5] Leave to appeal sentence is granted but the sentence appeal is dismissed.

G. Pardu J.A.

M.L. Benotto J.A.

I.V.B. Nordheimer J.A.