Court of Appeal for Ontario

Date: 2019-06-05 Docket: C65510

Judges: Feldman, van Rensburg and Huscroft JJ.A.

Between

Her Majesty the Queen Respondent

and

Jordan Payette-McLean Appellant

Counsel

Appellant: Jordan Payette-McLean, in person by video conference Duty Counsel: Amy Ohler Respondent: Andreea Baiasu

Heard and released orally: June 5, 2019

On appeal from: The sentence imposed on June 8, 2018 by Justice Feroza Bhabha of the Ontario Court of Justice.

Reasons for Decision

[1] The appellant seeks a reduction of his sentence of three years, consisting of two years for the robbery and 12 months for the dangerous driving. The appellant suggests that the trial judge should have made the sentences concurrent rather than consecutive.

[2] We can see no error in the approach of the trial judge. She rejected the Crown position of five years and the defence position of 18 months as both inappropriate for the circumstances. She concluded that a three year global sentence would serve the sentencing principles: "giving appropriate weight to denunciation and deterrence while still giving weight and consideration to the prospects of rehabilitation".

[3] While she did not specifically discuss concurrent versus consecutive, it is clear that a concurrent sentence would not have satisfied these principles. These offences were serious and caused serious injury to the victim.

[4] Therefore, while leave to appeal sentence is granted the appeal is dismissed. The court also sets aside the $400 victim fine surcharge.

K. Feldman J.A. K. van Rensburg J.A. Grant Huscroft J.A.