Court of Appeal for Ontario
Date: 2019-05-14 Docket: C64902
Judges: MacPherson, Juriansz and Rouleau JJ.A.
Between
Her Majesty the Queen Respondent
and
Jagdeep Dhaliwal Appellant
Counsel
Jagdeep Dhaliwal, in person Brian Snell, duty counsel Jessica Smith Joy, for the respondent
Heard: May 9, 2019
Appeal Information
On appeal from the sentence imposed on January 18, 2018 by Justice Janet M. Wilson of the Superior Court of Justice, sitting with a jury.
Appeal Book Endorsement
[1] The appellant abandons his conviction appeal.
[2] On the sentence appeal, the Crown concedes that the facts underlying the firearms offences in this case are not as serious as those in R. v. Danvers, (2005), 199 C.C.C. (3rd) 490 (Ont. C.A.), and similar cases that establish a 7 to 11 year range for "serious gun related offences". In light of this, and recognizing that the Criminal Code minimum sentence is a serious minimum (5 years), we are of the view that the sentencing judge erred by imposing a 7 year sentence.
[3] Reviewing all of the facts relating to the firing of a single bullet into a hallway ceiling between, but not in, stores and apartments in a small strip mall building, we are inclined to reduce the appellant's sentence by a modest amount.
[4] The sentence appeal is allowed and the 7-year concurrent sentence for the firearms offences, and the verbally threaten bodily harm offence, is reduced to 6 years, for a global sentence of 7 years.





