Court of Appeal for Ontario

Date: 2018-10-11 Docket: C64910

Judges: Simmons, Rouleau and Huscroft JJ.A.

Between

Her Majesty the Queen Respondent

and

Nathan Fraser Appellant

Counsel

Louis P. Strezos, as duty counsel Nathan Fraser, appearing in person Jessica Smith Joy, for the respondent

Heard: October 4, 2018

Appeal Book Endorsement

[1] We agree that the trial judge failed to give effect to the appellant's qualification of the facts as read in on his guilty plea when the trial judge described in his list of aggravating factors the accidental blast from the sawed-off shotgun as narrowly missing the complainant. As we read his reasons, this mis-description factored into the sentence imposed on the possession of a prohibited firearm charge.

[2] We allow the appeal in part, reduce the effective sentence imposed on that charge from five years and thirty-four days to four years, seven months and four days. We otherwise see no error in the trial judge's reasons and dismiss the balance of the sentence appeal.