Court of Appeal for Ontario

Date: 2018-10-11 Docket: C65458

Judges: Simmons, Rouleau and Huscroft JJ.A.

Between

Her Majesty the Queen Respondent

and

David Giesbrecht Appellant

Counsel

Michael Dineen, as duty counsel David Giesbrecht, appearing in person Andrew Hotke, for the respondent

Heard: October 2, 2018

Appeal Book Endorsement

[1] The appellant was sentenced to two years less one day imprisonment, plus two years' probation after pleading guilty to the lesser but included offence of assault causing bodily harm.

[2] We see no error in principle in the sentencing judge's reasons. Nor is the sentence demonstrably unfit. The appellant sucker-punched the 55-year-old victim (the appellant was 23) and caused the victim significant injury. Although the injuries may not have been intended, this type of behaviour, which can lead to serious consequences, must be both deterred and denounced. The warrant of committal is amended to reflect the lesser but included offence.

[3] Appeal dismissed.