Court of Appeal for Ontario

Date: 2018-01-15

Docket: C63625

Judges: Rouleau, Watt and Brown JJ.A.

Between

Her Majesty the Queen Respondent

and

Ronald Hofsteede Appellant

Counsel

Lauren Binhammer, for the appellant

Althea Francis, for the respondent

Hearing

Heard and released orally: January 10, 2018

On appeal from: The sentence imposed on September 30, 2016 by Justice John A. Desotti of the Superior Court of Justice, sitting without a jury.

Reasons for Decision

[1] The appellant appeals his 54-month global sentence minus credit for pre-sentence custody imposed following his conviction for possession for purposes of trafficking methamphetamine, marijuana, and morphine, as well as for simple possession of other controlled substances. He argues that the reasons are inadequate and that, on a reading of the submissions of counsel at the sentencing hearing and the record as a whole, we should find that the trial judge erred in principle in reaching the sentence he imposed. Specifically, the appellant submits that we should find that the trial judge failed to consider relevant mitigating circumstances and considered the manner in which the defence was conducted as aggravating. He also submits that the trial judge imposed a sentence that is demonstrably unfit in the circumstances.

[2] We disagree. Although the trial judge's reasons are somewhat inadequate, they reveal that his paramount concern was denunciation and deterrence. We agree that these are paramount concerns in this case. We do not accept, as the appellant suggests, that the transcript of the sentencing submissions establishes that the trial judge failed to consider and weigh the relevant mitigating factors. We also reject the suggestion that he improperly considered defence conduct as being an aggravating factor.

[3] In our view, the sentence for this repeat offender was fit. He has a record spanning more than three decades including, from our count, some eight convictions for possession for purpose of trafficking illicit drugs.

[4] As a result, leave to appeal sentence is granted but the appeal is dismissed.

Paul Rouleau J.A.

David Watt J.A.

David Brown J.A.